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Articles 1 - 13 of 13

Full-Text Articles in Law

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin Oct 2013

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.


Keeping The Promise, Erik Ugland, Karen Slattery Apr 2006

Keeping The Promise, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.


The Law Clerk Who Wrote Rasul V. Bush: John Paul Steven's Influence From World War Ii To The War On Terror, Joseph Thai Apr 2006

The Law Clerk Who Wrote Rasul V. Bush: John Paul Steven's Influence From World War Ii To The War On Terror, Joseph Thai

Joseph T Thai

No abstract provided.


Trends In Constitutional Environmental Law, James R. May Feb 2006

Trends In Constitutional Environmental Law, James R. May

James R. May

This article is about the growing field at the intersection of environmental and constitutional law. Thirty years ago, constitutional issues rarely arose in environmental law. Nowadays, nearly two in three federal environmental, energy and land use cases are decided on constitutional grounds invoking no fewer than 18 issues. These include the extent to which Congress can regulate activities that are either traditionally intrastate or not inherently economic in nature (the Commerce Clause), preempt state causes of action (Supremacy Clause), and prescribe state functions (10th Amendment) or subject them to federal actions (11th Amendment). Other issues include whether states can burden …


La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna Dec 2005

La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna

Erik Luna

No abstract provided.


Lodge, Henry Cabot, Christopher Hoebeke Dec 2005

Lodge, Henry Cabot, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.


Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies Dec 2005

Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.


Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin Dec 2005

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert M. Bloom

No abstract provided.


Review Of John Paul Stevens: An Independent Life, Joseph Thai Dec 2005

Review Of John Paul Stevens: An Independent Life, Joseph Thai

Joseph T Thai

No abstract provided.


Surprising Parallels Between Trail Smelter And The Global Climate Change Regime, Russell Miller Dec 2005

Surprising Parallels Between Trail Smelter And The Global Climate Change Regime, Russell Miller

Russell A. Miller

No abstract provided.


Root, Elihu, Christopher Hoebeke Dec 2005

Root, Elihu, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.


Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin Dec 2005

Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin

Robert Justin Lipkin

No abstract provided.


So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry Dec 2005

So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry

Sujit Choudhry

R. v. Oakes is widely regarded as one of the most important judgments interpreting Canada’s Charter of Rights and Freedoms. In addition to laying down its famous proportionality test to assess the reasonableness of limits on Charter rights, it clarified the Supreme Court of Canada’s Court’s interpretive methodology for Charter cases, perhaps most centrally that rights are of presumptive importance, and limitations the exception that are only acceptable if governments meet a demanding test of justification. The citation of Oakes by courts in Antigua and Barbuda, Australia, Fiji, Hong Kong, Ireland, Israel, Jamaica, Namibia, South Africa, the United Kingdom, …