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Articles 1 - 30 of 30
Full-Text Articles in Law
The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger
The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger
Duke Law Journal
No abstract provided.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Cornell Law Review
No abstract provided.
Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves
Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves
Cornell Journal of Law and Public Policy
No abstract provided.
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Law and Contemporary Problems
The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.
Disagreement And Interpretation, Robert F. Nagel
Disagreement And Interpretation, Robert F. Nagel
Law and Contemporary Problems
The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.
The Legislative Veto: Invalidated, It Survives, Louis Fisher
The Legislative Veto: Invalidated, It Survives, Louis Fisher
Law and Contemporary Problems
The Supreme Court's decision in "INS vs Chadha" is examined, and the origins of the legislative veto and its traditional place in the lawmaking process is discussed.
At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin
At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin
Law and Contemporary Problems
The suicide of the Deputy Counsel Vincent Foster focused new attention on the office of White House Counsel. The role of the counsel in constitutional policy is discussed.
The Lawmaking Congress, Roger H. Davidson
The Lawmaking Congress, Roger H. Davidson
Law and Contemporary Problems
General guidelines for understanding how the task of framing and reviewing constitutional issues is approached by senators and representatives in Congress are presented.
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Law and Contemporary Problems
Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.
Foreword, Neal Devins
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
Law and Contemporary Problems
No abstract provided.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Law and Contemporary Problems
The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Law and Contemporary Problems
The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.
Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber
Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber
Duke Law Journal
No abstract provided.
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
Indiana Law Journal
No abstract provided.
Is There A Law Of Federal Courts, Gene R. Nichol
Is There A Law Of Federal Courts, Gene R. Nichol
West Virginia Law Review
No abstract provided.
Constitutional Equity And The Innovative Tradition, William T. Quillen
Constitutional Equity And The Innovative Tradition, William T. Quillen
Law and Contemporary Problems
It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
Law and Contemporary Problems
In Australia, as in the US, the injunction is rapidly losing its character as an extraordinary equitable remedy. Provisions in Australian constitutional law that pertain to the law of injunctions are discussed.
Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield
Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield
Cornell Law Review
No abstract provided.
Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel
Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel
Georgia State University Law Review
No abstract provided.
Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster
Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster
Vanderbilt Journal of Transnational Law
In this Article, the author chronicles the rise and fall of the "perestroika parliament." While Gorbachev's reforms were ultimately unsuccessful in producing effective democratic representation, the author believes that the history of these reforms provides some valuable lessons for post-Soviet Russia. Specifically, Professor Foster concludes that current reformers in Russia should learn from the failed perestroika parliament that a democratic, "rule-of-law" state requires uniform lawmaking procedures with constitutional safeguards to guarantee their integrity.
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
Washington and Lee Law Review
No abstract provided.
Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler
Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler
Duke Law Journal
No abstract provided.
Good Faith Defenses: Reshaping Strict Liability Crimes , Laurie L. Levenson
Good Faith Defenses: Reshaping Strict Liability Crimes , Laurie L. Levenson
Cornell Law Review
No abstract provided.
Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett
Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett
Louisiana Law Review
No abstract provided.
The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens
The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens
Louisiana Law Review
No abstract provided.
National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby
National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby
Louisiana Law Review
No abstract provided.
Federalism, The Commerce Clause, And Equal Protection, Leon Friedman
Federalism, The Commerce Clause, And Equal Protection, Leon Friedman
Touro Law Review
No abstract provided.
The Difficulty Of Amending The Constitution Of Canada, Peter W. Hogg
The Difficulty Of Amending The Constitution Of Canada, Peter W. Hogg
Osgoode Hall Law Journal
The Charlottetown Accord of 1992 was a set of proposals for amendments to the Constitution of Canada. These proposals were designed to achieve a national settlement of a variety of constitutional grievances, chiefly those arising from Quebec nationalism, western regionalism, and Aboriginal deprivation. The Accord was defeated in a national referendum. In the case of Quebec, the defeat of the Charlottetown Accord, following as it did on the defeat of the Meech Lake Accord, has made the option of secession relatively more attractive, but there are sound pragmatic reasons to hope that Quebec will not make that choice. In the …
Enactments Altering Or Reallocating Elected Officials' Powers Do Not Directly Relate To Or Affect Voting And Are Therefore Not Subject To Judicial Or Administrative Preclearance Under Section 5 Of The Voting Rights Act Of 1965., Sharon N. Humble
St. Mary's Law Journal
In Presley v. Etowah County Comm’n, the Court held enactments altering or reallocating elected officials’ powers do not directly relate to or affect voting. Therefore, not subject to judicial or administrative preclearance under Section 5 of the Voting Rights Act of 1965. However, the Court’s holding in Presley, that the changes at issue must directly relate to voting, contradicts the Court’s earlier holdings that indirect or minor changes affecting voting must meet Section 5 preclearance requirements. In Presley, the Court limited the coverage of Section 5 by holding that enactments reallocating elected officials’ decision-making authority do not require judicial or …