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Articles 31 - 37 of 37
Full-Text Articles in Law
Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf
Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf
Faculty Scholarship
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …
In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen
In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen
NYLS Law Review
No abstract provided.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
NYLS Law Review
No abstract provided.
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee …
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
Justice Ginsburg And The Middle Way, Laura K. Ray
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Chris Mcneil
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
No abstract provided.