Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (12)
- Supreme Court of the United States (5)
- Legal History (3)
- Military, War, and Peace (3)
- International Law (2)
-
- Jurisprudence (2)
- Law and Politics (2)
- Law and Society (2)
- Legislation (2)
- Civil Law (1)
- Courts (1)
- Criminal Law (1)
- Environmental Law (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Immigration Law (1)
- Judges (1)
- Law and Economics (1)
- Legal Ethics and Professional Responsibility (1)
- Oil, Gas, and Mineral Law (1)
- President/Executive Department (1)
- Sexuality and the Law (1)
- State and Local Government Law (1)
- Institution
- Publication
Articles 1 - 14 of 14
Full-Text Articles in Law
The Iraq Paradox: Minority And Group Rights In A Viable Constitution, Makau Mutua
The Iraq Paradox: Minority And Group Rights In A Viable Constitution, Makau Mutua
Buffalo Law Review
On October 15, 2005 an Iraq ravaged by a civil war spawned by the 2003 American invasion and subsequent occupation voted to decide the fate of a permanent constitution for the country. Although many Sunni Arabs took part in the vote, the referendum lost in the three governorates where they form a majority. But the constitution was approved because opponents only succeeded in recording "no" votes larger than two-thirds in only two of Iraq's eighteen provinces, in effect one province short of a veto. A two-thirds rejection in three provinces would have doomed the charter and the transition to a …
First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell
First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell
University of Richmond Law Review
No abstract provided.
Democracy Means That The People Make The Law, Gerald Torres
Democracy Means That The People Make The Law, Gerald Torres
New England Journal of Public Policy
Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.
Lost Constitutional Moorings: Recovering The War Power, Louis Fisher
Lost Constitutional Moorings: Recovering The War Power, Louis Fisher
Indiana Law Journal
For the past half century, Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or at any time thereafter. Similar false claims of authority have been made by Presidents since that time. These constitutional violations have been assisted …
Economic Regulation In The United States: The Constitutional Framework, Mark C. Christie
Economic Regulation In The United States: The Constitutional Framework, Mark C. Christie
University of Richmond Law Review
The United States of America is well-known (and occasionally well-liked or loathed) as the world's largest free-market capitalist nation. Indeed, many assume that since the United States for more than two centuries has had an economic system based on liberal principles, Adam Smith's "invisible hand" of capitalism must have been embedded in the United States Constitution from the beginning of the American republic. Yet government at all levels in the United States has historically exercised significant regulation of economic and commercial activity-regulation inconsistent with laissez-faire capitalism. The purpose of this article is to consider several questions: (1) what are the …
Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown
Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown
American University International Law Review
No abstract provided.
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
Seattle University Law Review
When the state acts as a market regulator, the dormant Commerce Clause invalidates discriminatory regulation without the need for an order against the state. The courts simply refuse to enforce the state law on the ground that it is unconstitutional. When the state acts as a market participant, however, the court would have to direct its order against the state or its officials to negate the discrimination. This produces a direct confrontation with the state, the same kind of confrontation the clear statement rule was designed to avoid. Part II of this article examines the theory of the dormant Commerce …
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Michigan Journal of International Law
This Reply proceeds as follows. Part I outlines the argument of the Nzelibe and Yoo paper. Part II considers their principal-agent analysis in the context of the American political system. Part III elaborates on the "democratic peace" literature, demonstrating that it does not support the conclusions that they draw. Part IV addresses the argument that we are in a new strategic situation, such that old rules ought not apply. Part V concludes.
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
NYLS Law Review
No abstract provided.
Reconceptualizing Federalism, Erwin Chemerinsky
The Marriage Protection Act: A Lesson In Congressional Over-Reaching, Sarah Kroll-Rosenbaum
The Marriage Protection Act: A Lesson In Congressional Over-Reaching, Sarah Kroll-Rosenbaum
NYLS Law Review
No abstract provided.
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
NYLS Law Review
No abstract provided.
Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot
Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot
St. Mary's Law Journal
There are constitutional limitations that govern attempts to regulate the teaching of terrorism-encouraging ideologies. According to a 1999-2000 study by the National Center of Education Statistics, there are 152 full-time Islamic schools in the United States, schooling about 19,000 students. The primary concern is not that children will be instructed to immediately engage in terrorist acts, but that the teaching of a radical Islamist ideology will predispose them to join radical Islamist terrorist movements and engage in violence. The Free Exercise Clause and parental rights doctrine, however, might not by themselves bar the state from interfering in private education to …
Reviving Constitutionalism In Iraq: Key Provisions Of The Interim Constitution, His Excellency Feisal Amin Al-Istrabadi
Reviving Constitutionalism In Iraq: Key Provisions Of The Interim Constitution, His Excellency Feisal Amin Al-Istrabadi
NYLS Law Review
No abstract provided.