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Full-Text Articles in Legal History
Accommodating Competition: Harmonizing National Economic Commitments, Jonathan Baker
Accommodating Competition: Harmonizing National Economic Commitments, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
This article shows how the norm supporting governmental action to protect and foster competitive markets was harmonized with economic rights to contract and property during the 19th century, and with the development of the social safety net during the 20th century. It explains why the Constitution, as understood today, does not check the erosion of the entrenched but threatened national commitment to assuring competitive markets.
The Secret "Kill List" And The President, Kenneth Anderson
The Secret "Kill List" And The President, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Appropriations Power And Sovereign Immunity, Paul F. Figley
The Appropriations Power And Sovereign Immunity, Paul F. Figley
Articles in Law Reviews & Other Academic Journals
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence - or nonexistence - of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers’ Case (1690–1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the …