Law Commons^™

The Speciation Of Partisan Ideology In The United States: How Preventing Ideological Gene Flow Contributes To Political Factions, Katherine Raths

Mitchell Hamline Law Review

No abstract provided.

Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren

St. Mary's Law Journal

During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …

Transparency And The First, Mark Fenster

FIU Law Review

No abstract provided.

The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter

Seattle Journal for Social Justice

No abstract provided.

Foreword: Criminal Procedure In Winter, Daniel Epps

Loyola of Los Angeles Law Review

No abstract provided.

The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber

Maryland Law Review

No abstract provided.

Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale

University of Arkansas at Little Rock Law Review

No abstract provided.

Failure To Act And The Separation Of Powers-The Vice Presidency And The Need To Surmount Divided Power In Pursuit Of A Workable Government, Douglas W. Kmiec

Pepperdine Law Review

Is the Vice President an executive officer, a legislative officer, or both? This query has existed since the time of the founding. The question poses more difficulty than one might suppose, and it remains unsettled. It can be convenient to ignore questions that one cannot answer, and thus, the Vice President has been the object of political humor and treated as an appendage without present function. Yet, because we attribute great genius to those who drafted the Constitution, what is the effect of leaving this high-ranking officer without adequate definition or purpose? For the first century and a half of …

In Defense Of Birthright Citizenship, Shannon Auvil

DePaul Journal for Social Justice

No abstract provided.

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for …

Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel

Osgoode Hall Law Journal

In the wake of the Egyptian military coup of 3 July 2013, much commentary has focused on the religious-secular divide in Egypt as the principal division that laid the groundwork for the subsequent coup. Less attention has been paid to the profound divisions within religiously-minded Egyptian political actors regarding whether democratic or authoritarian government is more desirable from a religious perspective. This article explores the division between Islamist supporters of a “republican” conception of a modern Muslim constitutional and religious order, and Islamist supporters of an “authoritarian” conception of constitutional government in alliance with a state-supported religious establishment. The article …

Separation Of Powers; Bill Of Attainder; Presidential Papers; Chief Executive's Right To Privacy; Nixon V. Administrator Of General Services, Patricia L. Spencer

Akron Law Review

In addressing itself to the constitutionality of the "Presidential Recording and Materials Preservation Act," the United States Supreme Court in Nixon v. Administrator of General Services (Nixon II) ruled for the first time on the permissible extent of congressional authority to regulate the disposition of official records and papers of a former chief executive. By its action, the Court undertook to reverse two hundred years of practice by past presidents.

The Role Of Courts In Government Today, James L. Oakes

Akron Law Review

It is elementary constitutional law that American courts have the power of judicial review. While a case can be made (and is still sometimes made by critics of too much judicial intervention) against the courts' power to review federal actions against the Constitution or state actions contrary to the Federal Constitution or statutes, the principle of judicial review is so well ingrained in the American system that it need not be reargued here. Rather I shall examine the principal arguments counseling caution and restraint in the exercise of the power, even though some of these arguments seem to run against …

On The Politics Of Societal Constitutionalism, Emilios Christodoulidis

Indiana Journal of Global Legal Studies

This paper is an internal critique of the theory of societal constitutionalism as developed by Gunther Teubner, with a specific emphasis on the constitutional and the political dimensions of the theory. As critique it focuses on the arguably unacknowledged dangers of co-option: the danger that constitutionalization, as an ongoing process, undercuts what we typically associate with the constitutional, which is its framing function; that this problem is accentuated when it comes to the transnational; and that its reflexivity runs the danger of market capture, in which case it remains only nominally political. The danger of market capture for societal constitutionalism …

Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro

Pepperdine Law Review

No abstract provided.

Peter Aucoin, Mark D.Jarvis &Lori Turnbull, Democratizing The Constitution: Reforming Responsible Government, Gregory Tardi

Dalhousie Law Journal

In the aftermath of the Prorogation of Parliament on December 4, 2008, upon the advice of Prime Minister Stephen Harper to then Governor General Michaelle Jean, a particular theme in Canadian literature about governance has flourished. This theme is the influence ofconstitutionalism, democracy and legitimacy on government and politics. In the view of many scholars there is a serious imbalance between the executive branch on one hand and the legislative branch on the other. The sense ofimbalance has generated proposals for changes to the practice of Westminster-style parliamentary democracy in the service of democratic legitimacy.

Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella

West Virginia Law Review

No abstract provided.

Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney

University of Arkansas at Little Rock Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner

University of Richmond Law Review

No abstract provided.

Public Law From The Bottom Up, William N. Eskridge Jr.

West Virginia Law Review

No abstract provided.