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Full-Text Articles in Law

The American Law Of Overruling Necessity: The Exceptional Origins Of State Police Power, William J. Novak Nov 2020

The American Law Of Overruling Necessity: The Exceptional Origins Of State Police Power, William J. Novak

Book Chapters

One of the most significant legal-constitutional moments in the history of the American republic occurred in the Confederation Congress on September 26 and 27, 1787. On those dates, the handiwork of the historic Constitutional Convention in Philadelphia was now "laid before the United States in Congress assembled." And the momentous question for the extant official lawmaking body of the US government was what to do next. Under Article 1 3 of the Articles of Confederation, any alteration of the articles had to be agreed to by Congress and confirmed by the legislatures of every state. Notably, the Philadelphia convention had …


Administrative Truth: Comments On Cortez's Information Mischief, David Thaw Apr 2020

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw

Chicago-Kent Law Review

No abstract provided.


Civil Servant Alarm, Bijal Shah Apr 2020

Civil Servant Alarm, Bijal Shah

Chicago-Kent Law Review

Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.


Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares Apr 2020

Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares

Chicago-Kent Law Review

No abstract provided.


Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz Apr 2020

Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz

Chicago-Kent Law Review

No abstract provided.


The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk Apr 2020

The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk

Chicago-Kent Law Review

No abstract provided.


Improving The Legal Framework For The Implementation Of Legal Policy By Local Authorities On The Ground, S. Yusupov Apr 2020

Improving The Legal Framework For The Implementation Of Legal Policy By Local Authorities On The Ground, S. Yusupov

Review of law sciences

One of the areas of administrative reform is aimed at increasing the efficiency of executive bodies, strengthening their role and responsibility in this direction. Local executive authorities are the state link forming the activity of each region. This power includes the bulk of government bodies and most government employees, as a result of which it has broad powers. According to the concept of the rule of law, the main task of local executive authorities is to enforce local laws, which objectively requires activities related to the rights and interests of citizens. This, in turn, requires a serious approach to the …