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Articles 811 - 840 of 875
Full-Text Articles in Law
Tenth Amendment Challenges To The Surface Mining Control And Reclamation Act Of 1977: The Implications Of National League Of Cities On Indirect Regulation Of The States, Lawrence H. Kaplan
Tenth Amendment Challenges To The Surface Mining Control And Reclamation Act Of 1977: The Implications Of National League Of Cities On Indirect Regulation Of The States, Lawrence H. Kaplan
Fordham Law Review
No abstract provided.
Recent Decisions, Kevin P. Hishta, J. Clifton Cox, Shari D. Olenick, Stephen B. Hatcher, Ann M. Bell
Recent Decisions, Kevin P. Hishta, J. Clifton Cox, Shari D. Olenick, Stephen B. Hatcher, Ann M. Bell
Vanderbilt Journal of Transnational Law
ALIENS--Executive Suspension of Alien's Deportable Status Final as Congressional Veto Mechanism violates Constitutional Doctrine of Separation of Powers
Kevin P. Hishta
--------------------------- Sovereign Immunity--Iranian Immunity from Pre-Judgment Attachments Terminated under International Emergency Economic Powers Act
J. Clifton Cox
---------------------------
Sovereign Immunity--Government Shipping Company of the People's Republic of China is an "Agency or Instrumentality" for the Purposes of the Foreign Sovereign Immunities Act of 1976
Shari D. Olenick
----------------------------
State Corporate Income Tax--Foreign Source Dividends Included in State Taxation Base Under Unitary Business Enterprise Test
Stephen B. Hatcher
-----------------------------
Trade Regulation--Use of Registered Mail by Federal Trade Commission to Subpoena …
Constitutional Law - Gender-Based Discrimination - Separation Of Powers - The Total Exclusion Of Women From The Military Selective Service Act Does Not Violate Due Process, Elizabethanne M. Dilworth
Constitutional Law - Gender-Based Discrimination - Separation Of Powers - The Total Exclusion Of Women From The Military Selective Service Act Does Not Violate Due Process, Elizabethanne M. Dilworth
Villanova Law Review
No abstract provided.
The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review
The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review
Michigan Law Review
This Note evaluates the constitutionality of the Foreign Intelligence Surveillance Act. Section I summarizes the legal history of national security surveillance from 1940 until the passage of the FISA, and briefly discusses the three major circuit court rulings on warrantless foreign intelligence surveillance. Section II describes the provisions of the Act. Section III examines the Act's constitutionality, first considering the scope of congressional authority to regulate the conduct of foreign affairs, then considering whether the political question doctrine prevents judicial scrutiny of executive decisions to conduct foreign intelligence surveillance. The Note concludes that the FISA is an appropriate and constitutional …
Brown V. Firestone, 382 So. 2d 654 (Fla. 1980), David Glatthorn
Brown V. Firestone, 382 So. 2d 654 (Fla. 1980), David Glatthorn
Florida State University Law Review
Constitutional Law-A HARD CASE MAKES GOOD AND BAD LAW
Supreme Court Review Of Congressional Action In The Federalism Area, Philip J. Prygoski
Supreme Court Review Of Congressional Action In The Federalism Area, Philip J. Prygoski
Duquesne Law Review
No abstract provided.
Legislative Delegations Of Power And Judicial Review -- Preventing Judicial Impotence, Robert W. Martin, Jr.
Legislative Delegations Of Power And Judicial Review -- Preventing Judicial Impotence, Robert W. Martin, Jr.
Florida State University Law Review
No abstract provided.
Recent Trends Of International Law, Nicholas Deb. Katzenbach
Recent Trends Of International Law, Nicholas Deb. Katzenbach
International Law Studies
No abstract provided.
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
The Search For Intent: Aids To Statutory Construction In Florida, Robert M. Rhodes, John Wesley White, Robert S. Goldman
The Search For Intent: Aids To Statutory Construction In Florida, Robert M. Rhodes, John Wesley White, Robert S. Goldman
Florida State University Law Review
No abstract provided.
Book Reviews, Stephen L. Wasby, Herbert A. Johnson
Book Reviews, Stephen L. Wasby, Herbert A. Johnson
Vanderbilt Law Review
The Courts and Social Policy Author: Donald L. Horowitz
Reviewed by Stephen L. Wasby
Donald Horowitz's The Courts and Social Policy is a serious effort to deal with the question of judicial capacity. Horowitz talks first of the expansion of judicial responsibility, which he thinks is a departure from the traditional exercise of the judicial function, and then explores the sources of this growth, particularly expansive statutory interpretation. He believes that courts do not do well at interpreting the mixes of statutes, regulations, and local arrangements with which they are faced more and more frequently. "Griggs v. Duke Power Co.," …
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.
Inherent Judicial Power: Flexibility Congress Did Not Write Into The Federal Rules Of Evidence , Michael M. Martin
Inherent Judicial Power: Flexibility Congress Did Not Write Into The Federal Rules Of Evidence , Michael M. Martin
Faculty Scholarship
This Article focuses on the question whether, or to what extent, a federal court is bound by the explicit and implicit restrictions placed by Congress on a court's power to admit evidence. This is a question that did not arise prior to adoption of the Federal Rules of Evidence because previous prospective rulemaking in the procedural area was in truth a judicial exercise. Although Congress had an implicit veto power over rules of procedure prescribed by the Supreme Court, it never exercised that power. Thus, a lower court's decision to disregard a rule of procedure raised, as a practical matter, …
Form And Function: Federal Standing Since Warth V. Seldin, Judson T. Farley
Form And Function: Federal Standing Since Warth V. Seldin, Judson T. Farley
Santa Clara Law Review
No abstract provided.
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Publications
Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …
The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk
The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk
Indiana Law Journal
Symposium: Separation of Powers
Unequal Justice: Lawyers And Social Change In Modern America, By Jerold S. Auerbach (Book Review), David A. Dittfurth
Unequal Justice: Lawyers And Social Change In Modern America, By Jerold S. Auerbach (Book Review), David A. Dittfurth
Faculty Articles
In Unequal Justice, Jerold S. Auerbach attempts to prove that the legal profession has failed to adequately pursue equality of justice. He finds little evidence that the legal profession or its dominant factions have made an adequate effort to assure the provision of legal services according to need. On the contrary, most of the historical evidence presented in this book leads one to believe that the legal profession has accepted profit as its real goal.
The author contends that, because the legal profession is responsible for formulating and applying law in a very legalistic society, it serves a very important …
Nixon V. Administrator Of General Services, Lewis F. Powell Jr.
Nixon V. Administrator Of General Services, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson
Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Federal Equitable Restraint: A Younger Analysis In New Settings
Federal Equitable Restraint: A Younger Analysis In New Settings
Maryland Law Review
No abstract provided.
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Publications
No abstract provided.
Judicial Review: Its Influence Abroad, Donald P. Kommers
Judicial Review: Its Influence Abroad, Donald P. Kommers
Journal Articles
The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …
Advisory Opinions And The Requisites Of Justiciability In Louisiana Courts, Ansel Martin Stroud Iii
Advisory Opinions And The Requisites Of Justiciability In Louisiana Courts, Ansel Martin Stroud Iii
Louisiana Law Review
No abstract provided.
Beyond Contempt: Obligors To Injunctions, Doug Rendleman
Beyond Contempt: Obligors To Injunctions, Doug Rendleman
Scholarly Articles
None available
Recent Developments, Law Review Staff
Recent Developments, Law Review Staff
Vanderbilt Law Review
The institution of criminal charges against critical or disfavored legislators by the King of England was the prime factor prompting the long struggle for parliamentary privilege and, in the context of the American system of separation of powers, is the predominant thrust of the speech or debate clause. If the privilege of legislative immunity is to perform its traditional function of permitting legislators to carry out their legislative functions without fear of prosecution or harrassment from the executive and judicial branches, it should be applied broadly to effectuate its intended purpose of preserving the independence of the legislature and public …
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
University of Michigan Journal of Law Reform
It has been suggested that in order to avoid this potential crisis statutory authority to veto nongermane riders be granted to the President. One author has contended that no such statute is needed, that the President presently has such power under Article I, Section 7 of the Constitution. On the other hand, bills have been introduced in both houses of Congress which might have specifically denied that power to the President. This article examines whether there is any constitutional ground on which the President could take the unprecedented action of separately vetoing congressional riders.
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
Faculty Scholarship
This paper examines President Nixon's handling of the Watergate scandal, arguing that Nixon's stance of "toughing it out with the law" was a common ploy used during his administration to extend the breadth of the issue in question. This expansion deflected attention away from the issue of the Constitutional limits on a president's power and was used to justify a broad spectrum of powers Nixon exercised during his presidency.
The Constitutionality Of Mandatory Sentence Statutes
The Constitutionality Of Mandatory Sentence Statutes
Washington and Lee Law Review
No abstract provided.
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Separation Of Powers In The Australian Constitution, John M. Finnis
Separation Of Powers In The Australian Constitution, John M. Finnis
Journal Articles
Even those who regret it accept that the founders of the Australian Constitution "beyond question" intended the separation of powers now required by the Boilermakers' Case . This article seeks first to show that the arguments advanced to prove the alleged intention are no more probative -than the draftsman's literary arrangement which has prompted the accepted view of constitutional history; and second, to discuss the proper strategy of approach to the historical record on these matters.