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Articles 1 - 11 of 11
Full-Text Articles in Law
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
University of Miami Inter-American Law Review
No abstract provided.
Constitutionalism, Democracy And Foreign Affairs, Louis Henkin
Constitutionalism, Democracy And Foreign Affairs, Louis Henkin
Indiana Law Journal
No abstract provided.
Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison
Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison
Washington and Lee Law Review
No abstract provided.
Can Buckley Clear Customs?, Harold H. Bruff
Can Buckley Clear Customs?, Harold H. Bruff
Washington and Lee Law Review
No abstract provided.
The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey
The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey
Washington and Lee Law Review
No abstract provided.
Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen
Washington and Lee Law Review
No abstract provided.
Justifiably Punishing The Justified, Heidi M. Hurd
Justifiably Punishing The Justified, Heidi M. Hurd
Michigan Law Review
Contemporary moral philosophy, political theory, and jurisprudence have converged to create a quite baffling dilemma. This dilemma is generated by the apparent incompatibility of three principles, each of which grounds features of our system of law and government, and each of which carries substantial normative weight. The first I shall call the punishment principle - a moral principle, doctrinally entrenched in American criminal and civil law, which holds that individuals who are morally justified in their actions ought not to be blamed or punished for those actions. The second is the principle of the rule of law - a complex …
Individual Rights And Government Power In Collision: A Look At Rust V. Sullivan Through The Lens Of Power Analysis, Moira T. Roberts
Individual Rights And Government Power In Collision: A Look At Rust V. Sullivan Through The Lens Of Power Analysis, Moira T. Roberts
Washington and Lee Law Review
No abstract provided.
Administrative Agencies, Joseph Vining
Administrative Agencies, Joseph Vining
Book Chapters
Administrative agencies, often called the ‘‘fourth branch,’’ are entities of government that make decisions within particular substantive fields. Although these fields range over the full spectrum of public concern, the specificity of agencies’ focus distinguishes them from other decision making entities in the constitutional structure—the judiciary, the presidency, the Congress, indeed the individual citizen—each of which can be taken to have a scope of interest as broad as imagination will allow.
Can Buckley Clear Customs?, Harold H. Bruff
The Judicial Prerogative, Thomas W. Merrill
The Judicial Prerogative, Thomas W. Merrill
Faculty Scholarship
In John Locke's account of separation of powers, the executive is not limited to enforcing the rules laid down by the legislature. The chief magistrate also exercises the prerogative, a power "to act according to discretion for the public good, without the prescription of the law and sometimes even against it. "Locke explained that such a discretionary power is required because "it is impossible to foresee and so by laws to provide for all accidents and necessities that may concern the public, or make such laws as will do no harm, if they are executed with an inflexible rigor on …