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Articles 1 - 12 of 12
Full-Text Articles in Law
An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers
An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers
Washington and Lee Law Review Online
The constitutional-doubt canon instructs that statutes should be interpreted in a way that avoids placing their constitutionality in doubt. This canon is often said to rest on the presumption that Congress does not intend to exceed its constitutional authority. That presumption, however, is inconsistent with the notion that government actors tend to exceed their lawful authority—a notion that motivates our constitutional structure, and in particular the series of checks and balances that the Constitution creates. This tension between the constitutional- doubt canon and the Constitution’s structure would be acceptable if the canon accurately reflected the manner in which the public …
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
Washington and Lee Law Review
No abstract provided.
Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy
Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy
Washington and Lee Law Review
No abstract provided.
Claims, Civil Actions, Congress & The Court: Limiting The Reasoning Of Cases Construing Poorly Drawn Statutes, Joan Steinman
Claims, Civil Actions, Congress & The Court: Limiting The Reasoning Of Cases Construing Poorly Drawn Statutes, Joan Steinman
Washington and Lee Law Review
No abstract provided.
Tackling The Perplexing Sound Of Statutory Silence: Why Courts Should Imply A Private Right Of Action Under Section 10(A) Of Respa, Seth M. Mott
Washington and Lee Law Review
No abstract provided.
Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy
Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy
Washington and Lee Law Review
No abstract provided.
The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood
The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood
Washington and Lee Law Review
No abstract provided.
The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens
The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens
Washington and Lee Law Review
No abstract provided.
What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh
What Constitutes A "Disability" Under The Americans With Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh
Washington and Lee Law Review
No abstract provided.
A Cloudy Prospectus: The Supreme Court's Problematic Reasoning In Gustafson V. Alloyd Co., Krista R. Bowen
A Cloudy Prospectus: The Supreme Court's Problematic Reasoning In Gustafson V. Alloyd Co., Krista R. Bowen
Washington and Lee Law Review
No abstract provided.
The Domestic Legal Status Of The Gatt: The Need For Clarification, Thomas William France
The Domestic Legal Status Of The Gatt: The Need For Clarification, Thomas William France
Washington and Lee Law Review
No abstract provided.
The Supreme Court's Literalism And The Definition Of "Security" In The State Courts, Douglas M. Branson, Karl Shumpei Okamoto
The Supreme Court's Literalism And The Definition Of "Security" In The State Courts, Douglas M. Branson, Karl Shumpei Okamoto
Washington and Lee Law Review
No abstract provided.