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Articles 1 - 8 of 8

Full-Text Articles in Law

Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks Dec 2002

Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks

Duke Law Journal

No abstract provided.


The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr. Dec 2002

The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr.

Alaska Law Review

No abstract provided.


The Rhetoric Of Constitutional Law, Erwin Chemerinsky Aug 2002

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Michigan Law Review

I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric. I use …


The Metes And Bounds Of State Sovereign Immunity, Scott Dodson Jul 2002

The Metes And Bounds Of State Sovereign Immunity, Scott Dodson

Scott Dodson

What are the parameters of state sovereign immunity? The Court has made clear that certain provisions of Article I contain no authority for overriding state sovereign immunity, while at least one other provision, the Fourteenth Amendment, permits Congress to abrogate the states' sovereign immunity. How is this constitutional line drawn? It is temporally bound? In other words, are only certain Amendments enacted after the Eleventh Amendment free from absolute subservience to state sovereign immunity? Or, does it divide the original Constitution and its Amendments, meaning that state sovereign immunity permeates the original Constitution but does not infiltrate certain Amendments, even …


The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam Jul 2002

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

No abstract provided.


Winner, Best Appellate Brief In The 2002 Native American Law Student Association Moot Court Competition, Michelle A. Carr, Cara Hair Jan 2002

Winner, Best Appellate Brief In The 2002 Native American Law Student Association Moot Court Competition, Michelle A. Carr, Cara Hair

American Indian Law Review

No abstract provided.


The Historical Development Of American Indian Tribes; Their Recent Dramatic Commercial Advancement; And A Discussion Of The Eligibility Of Indian Tribes Under The Bankruptcy Code And Related Matters, R. Spencer Clift Iii Jan 2002

The Historical Development Of American Indian Tribes; Their Recent Dramatic Commercial Advancement; And A Discussion Of The Eligibility Of Indian Tribes Under The Bankruptcy Code And Related Matters, R. Spencer Clift Iii

American Indian Law Review

No abstract provided.


Official Immunity In Kentucky: The New Standard Under Yanero V. Davis, G. Thomas Barker Jan 2002

Official Immunity In Kentucky: The New Standard Under Yanero V. Davis, G. Thomas Barker

Kentucky Law Journal

No abstract provided.