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Articles 1 - 11 of 11
Full-Text Articles in Law
Purveyance And Power Or Over-Priced Free Lunch: The Intellectual Property Clause As An Ally Of The Takings Clause In The Public’S Control Of Government, Malla Pollack
Malla Pollack
Government can bypass citizen control if it can use revenue not publicly scrutinized through the public taxing/spending system. One method of bypass is paying with non-monetary compensation such as (i) property, or (ii) the right to charge others for some necessary good or service, intangible property. The Takings/Just Compensation Clause of the Fifth Amendment is one authority controlling government's ability to bypass financial scrutiny. In this article, I argue that the Intellectual Property Clause also should be used to control some governmental bypass. I attempt to justify this suggestion both theoretically and historically. The historical material included focuses on English …
A Comment On Justice O'Connor's Quest For Power And Its Impact On African American Wealth, Joan Tarpley
A Comment On Justice O'Connor's Quest For Power And Its Impact On African American Wealth, Joan Tarpley
South Carolina Law Review
No abstract provided.
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
All Faculty Scholarship
No abstract provided.
Apologies Or Apologisits? Remembering The Japanese American Internment In Wyoming, Eric L. Muller
Apologies Or Apologisits? Remembering The Japanese American Internment In Wyoming, Eric L. Muller
Faculty Publications
No abstract provided.
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Faculty Publications
No abstract provided.
James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson
James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson
Robert G. Natelson
This article traces the progress of James Madison's thought on the Constitution's "convention for proposing amendments as a way for states to assert themselves against the federal government. Madison saw the convention as an important part of the Constitution, and a constitutional alternative to nullification.
Arab Politics In A Jewish State: El - Ard Movement And The Supreme Court (In Hebrew), Ron Harris
Arab Politics In A Jewish State: El - Ard Movement And The Supreme Court (In Hebrew), Ron Harris
Ron Harris
No abstract provided.
Cases Concerning Equity And The Courts Of Equity 1550-1660, William Hamilton Bryson
Cases Concerning Equity And The Courts Of Equity 1550-1660, William Hamilton Bryson
Law Faculty Publications
This volume of previously unpublished equity reports in the period 1550-1660 includes cases of substantive equity prosecuted by English bill procedure, cases that explain the jurisdiction, procedures, and practices of the courts of equity in England, and a few cases from the courts of common law that touch on and consider the jurisdiction of the equity courts. Also included are cases in the equity courts that involve equitable remedies needed to protect common law rights. Frequently the equity judge had to determine a common law right before an equitable remedy could be granted.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
All Faculty Scholarship
No abstract provided.
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Journal Articles
In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …
Apuntes Para Una Biobibliografía De Don Manuel Cervantes Rendón, Historiador Del Derecho, Óscar Cruz
Apuntes Para Una Biobibliografía De Don Manuel Cervantes Rendón, Historiador Del Derecho, Óscar Cruz
Óscar Cruz Barney
No abstract provided.