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Articles 1 - 12 of 12
Full-Text Articles in Law
Teaching Apportionment, Charles M. Biles
Teaching Apportionment, Charles M. Biles
IdeaFest: Interdisciplinary Journal of Creative Works and Research from Cal Poly Humboldt
No abstract provided.
Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent
Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent
Book Chapters
The constitutional text governing national security law is full of gaps, oversights, and omissions. In combination with the authorization principle -- which requires all federal actors to identify particularized authority for their actions -- these gaps have often presented an acute dilemma for Presidents charged with defending the nation. Focusing on three periods in American history, this chapter sketches the historical evolution of how the political branches have responded.
First, the early republic. During this period, presidents responded to the authorization dilemma by seeking highly particularized authorization from the two other constitutional branches of government. Throughout the era, presidents’ claims …
Hampered Hopes For Homeowners: An Analysis Of How Litigation Trends Have Exposed The Home Affordable Modification Program's Weaknesses, Cushla E. Talbut
Hampered Hopes For Homeowners: An Analysis Of How Litigation Trends Have Exposed The Home Affordable Modification Program's Weaknesses, Cushla E. Talbut
University of Miami Law Review
No abstract provided.
Building A Government Of Laws: Adams And Jefferson 1776–1779, James Maxeiner
Building A Government Of Laws: Adams And Jefferson 1776–1779, James Maxeiner
All Faculty Scholarship
America’s rule of law is not working well because many American lawyers confound their rule of law with common law and with common law methods. They overlook the contribution of good legislation to good government. They fixate on judges, judge-made law and procedure. America’s founders, in particular, John Adams and Thomas Jefferson, did not. They were not entranced by common law and by common law methods. This chapter shows how in the first few years of American independence, Adams popularized the term “government of laws” and how Jefferson drafted statutes for a government of laws. Neither of them assigned common …
The Lame Ducks Of Marbury, John C. Nagle
The Lame Ducks Of Marbury, John C. Nagle
John Copeland Nagle
The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the …
The Plight Of Bi-National Same-Sex Couples In America, Michael Rivers
The Plight Of Bi-National Same-Sex Couples In America, Michael Rivers
Touro Law Review
No abstract provided.
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
Vol. Vii, Tab 38 - Ex. 51 - Adams Deposition (Rosetta Stone Ceo), Tom Adams
Vol. Vii, Tab 38 - Ex. 51 - Adams Deposition (Rosetta Stone Ceo), Tom Adams
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Lucy V. Adams, Sage Encyclopedia Of African American Education, Armando G. Hernandez
Lucy V. Adams, Sage Encyclopedia Of African American Education, Armando G. Hernandez
Armando G. Hernandez
Each topic in this 2-volume encyclopedia is discussed as it relates to the education of African Americans. The entries provide a comprehensive overview of educational institutions at every level, from preschool through graduate and professional training, with special attention to historically and predominantly Black colleges and universities. The encyclopedia follows the struggle of African Americans to achieve equality in education—beginning among an enslaved population and evolving into the present—as the efforts of many remarkable individuals furthered this cause through court decisions and legislation.
S08rs Sgb No. 10 (Sife), O'Malley, Greene
S08rs Sgb No. 10 (Sife), O'Malley, Greene
Student Senate Enrolled Legislation
No abstract provided.
Federal Judicial Selection: The First Decade, Maeva Marcus
Federal Judicial Selection: The First Decade, Maeva Marcus
University of Richmond Law Review
No abstract provided.
The Lame Ducks Of Marbury, John C. Nagle
The Lame Ducks Of Marbury, John C. Nagle
Journal Articles
The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the …