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Articles 31 - 52 of 52
Full-Text Articles in Law and Politics
Storm Center: The Supreme Court In American Politics, Nelson P. Miller
Storm Center: The Supreme Court In American Politics, Nelson P. Miller
Michigan Law Review
A Review of Storm Center: The Supreme Court in American Politics by David M. O'Brien
Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks
Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks
BYU Law Review
No abstract provided.
"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton
"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton
University of Michigan Journal of Law Reform
This Note analyzes current FCC policy to determine whether the agency violated its statutory purpose and acted unlawfully by restricting and later repealing the fairness doctrine. Because the Commission's attack on the doctrine has been based, in part, on conclusions drawn from the doctrine's history, Part I examines prior FCC enforcement of the fairness doctrine. Part II views the Commission's contemporary enforcement and repeal of the doctrine. Finally, Part III assesses Commission action in light of its legislative mandate and administrative law standards of judicial review to conclude that the FCC both violated its administrative responsibilities by deemphasizing enforcement of …
Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee: Joint Hearing Before The Select Committee On Indian Affairs, United States Senate And The Committee On Energy And Natural Resources, United States Senate And The Committee On Interior And Insular Affairs, House Of Representatives, One Hundredth Congress, First Session On Oversight Hearing On The Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee, United States Congress, Us Senate, Us House Of Representatives
Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee: Joint Hearing Before The Select Committee On Indian Affairs, United States Senate And The Committee On Energy And Natural Resources, United States Senate And The Committee On Interior And Insular Affairs, House Of Representatives, One Hundredth Congress, First Session On Oversight Hearing On The Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee, United States Congress, Us Senate, Us House Of Representatives
US Government Documents Related to Indigenous Nations
This report from the United States (US) Senate Select Committee on Indian Affairs, the US Senate Committee on Energy and Natural Resources along with the Subcommittee on Water and Power, and the US House Committee on Interior and Insular Affairs along with the Subcommittee on Water and Power Resources, dated March 30, 1987, includes the transcript of a hearing to address the US Department of the Interior’s Garrison Unit Joint Tribal Advisory Committee’s (JTAC) finding that “the tribes of the Standing Rock and Fort Berthold Indian Reservations bore an inordinate share of the cost of implementing the Pick-Sloan Missouri Basin …
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz
The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Public Officials, Kurt L. Krieger
Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber
Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber
University of Michigan Journal of Law Reform
To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.
Church-State Relations And Religious Convictions, R. Kent Greenawalt
Church-State Relations And Religious Convictions, R. Kent Greenawalt
Cleveland State Law Review
My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of church-state issues. Though I shall comment in passing on various constitutional issues, the main thrust of my comments also lies within the domain of political philosophy. I agree that the promotion of religious views and practices is not the business of the state in our society. Nevertheless, I strongly resist the idea that either this premise or any other premise underlying our liberal democracy requires good liberal citizens to …
Coming To Terms With Terrorism- Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby
Coming To Terms With Terrorism- Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby
Touro Law Review
No abstract provided.
Beyond Justiciability: Political Gerrymandering After Davis V. Bandemer, Michael A. Hess
Beyond Justiciability: Political Gerrymandering After Davis V. Bandemer, Michael A. Hess
Campbell Law Review
This article examines the decision in Davis v. Bandemer, as well as the political circumstances that resulted in unusual legal alliances during the appeal. The article also attempts to dispel at least some of the confusion surrounding the decision.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Publications
No abstract provided.
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
Cleveland State Law Review
Political patronage dismissal is not a new phenomenon, but judicial recognition of claims specifically alleging improper dismissal based on political affiliation has occurred only within the last twenty years. While the federal circuit courts have struggled to establish a standard by which to adjudicate patronage dismissal cases, their struggles have resulted in a plethora of inconsistent conclusions. Neither has the Supreme Court constructed a sufficiently concrete test to determine when an employee is exempt from patronage dismissal. The Elrod test is flawed in not limiting dismissals to political policymakers, and the Branti test is inadequate as it delegates the selection …
Social Theory And Political Practice: Unger's Brazilian Journalism, William H. Simon
Social Theory And Political Practice: Unger's Brazilian Journalism, William H. Simon
Faculty Scholarship
Roberto Mangabeira Unger is a citizen of Brazil. While working on Politics, his large-scale treatise on social theory, he has been active in his country's politics. Among the fruits of these activities is a series of political and programmatic commentaries on Brazil published in the Brazilian press. The commentaries apply the style of political analysis and the general political program elaborated in Politics to the recent circumstances of Brazil. Thus, they give an extended illustration of Unger's general social theory. At the same time, they exemplify a form of political writing that attempts to combine ambitious critical social theory …
Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin
Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin
Seattle University Law Review
This Note recommends that the separate subject test employed by Washington courts in reviewing the constitutional validity of partial vetoes be abandoned like the affirmative-negative test before it. In the alternative, the Constitution should be amended to remove any perceived need for a subjective judicial test. As a last-choice solution to the problem of uncertainty and inefficiency in the legislative process, the legislature should use its override powers more extensively.
Review Essay: Liberalism And The Supreme Court, Donald P. Kommers
Review Essay: Liberalism And The Supreme Court, Donald P. Kommers
Journal Articles
In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as a philosophical theory and practical guide to constitutional policymaking, over three major competing versions of liberal constitutionalism. To wit: …
Teaching Tolerance, Robert F. Nagel
Rationalism In Constitutional Law, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
Publications
No abstract provided.
Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott
Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott
West Virginia Law Review
No abstract provided.
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Journal Articles
In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.