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Articles 61 - 90 of 151
Full-Text Articles in Legislation
Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Working Paper Series
Written for a conference at Villanova Law School held to celebrate and explore the work of Joseph Vining over forty years, this paper considers the adequacy of Vining’s phenomenology of law. Specifically, it inquires into the accuracy of Vining’s startling claims that “legislation is a problem in law, not central to law” and “rules are nowhere to be found” in law. The argument of the paper is that when -- but only when -- law is understood to be an ordinance of reason in the mind of him or them who have care of the community, for the common good, …
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Working Paper Series
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
May Legislative History Be Considered At Chevron Step One: The Third Circuit Dances The Chevron Two-Step In United States V. Geiser, Melina Forte
Villanova Law Review (1956 - )
No abstract provided.
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Working Paper Series
This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …
Members Only - United States V. Rayburn House Office Building, Room 2113: The Speech Or Debate Clause, The Separation Of Powers And The Testimonial Privilege Of Preemptive Nondisclosure, John D. Friel
Villanova Law Review (1956 - )
No abstract provided.
What's In A Name Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson
What's In A Name Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson
Working Paper Series
This article examines the harm that accompanies real and threatened in-market relocations of professional sports teams and proposes a federal statutory remedy that will protect the interest of city residents given the reality that city governments have demonstrated their inability to adequately protect their electorate through contract law alone. Although, as this article discusses, there have been myriad bills proposed by Congress in response to several high profile out-of-market sports franchise relocations (mostly those involving NFL teams and mostly during the 1990’s), in-market relocations have historically occurred much more frequently, inflicting similar harms to the spurned city residents. Moreover, as …
No Thanks, Uncle Sam, You Can Keep Your Tax Break, James Edward Maule
No Thanks, Uncle Sam, You Can Keep Your Tax Break, James Edward Maule
Working Paper Series
This article addresses the question of whether income tax deductions are mandatory, or may be waived by the taxpayer when doing so generates a tax or non-tax benefit. What little authority exists suggests that deductions are optional except in two specific instances related to the computation of net earnings from self-employment. The increasing number of taxpayers subject to the alternative minimum tax, the amount of which can be reduced in many instances by foregoing deductions, makes it very likely that the question will reach the courts in the near future. This article concludes that aside from the two specific instances …
The Devil We Know: Racial Subordination And National Security Law, Gil Gott
The Devil We Know: Racial Subordination And National Security Law, Gil Gott
Villanova Law Review (1956 - )
No abstract provided.
From Madonna To Proletariat: Constructing A New Ideology Of Motherhood In Welfare Discourse, Tonya L. Brito
From Madonna To Proletariat: Constructing A New Ideology Of Motherhood In Welfare Discourse, Tonya L. Brito
Villanova Law Review (1956 - )
No abstract provided.
Is Managed Care Good For What Ails You - Ruminations On Race, Age And Class, Frank M. Mcclellan
Is Managed Care Good For What Ails You - Ruminations On Race, Age And Class, Frank M. Mcclellan
Villanova Law Review (1956 - )
No abstract provided.
The Limited Vision Of The Family And Medical Leave Act, Michael Selmi
The Limited Vision Of The Family And Medical Leave Act, Michael Selmi
Villanova Law Review (1956 - )
No abstract provided.
Internet Indecency And Impressionable Minds, Gretchen Witte
Internet Indecency And Impressionable Minds, Gretchen Witte
Villanova Law Review (1956 - )
No abstract provided.
The Burdens Of Benefits, Edward J. Mccaffery
The Burdens Of Benefits, Edward J. Mccaffery
Villanova Law Review (1956 - )
No abstract provided.
Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax
Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax
Villanova Law Review (1956 - )
No abstract provided.
Boudreau V. United States: Government Immunity Under The Flood Control Act Of 1928 And The Effect Of Outdated Legislation On Society, Mary Jean Pedersen
Boudreau V. United States: Government Immunity Under The Flood Control Act Of 1928 And The Effect Of Outdated Legislation On Society, Mary Jean Pedersen
Villanova Law Review (1956 - )
No abstract provided.
Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell
Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell
Villanova Law Review (1956 - )
No abstract provided.
New Steps To Preserve The Old: The Revised Historic Preservation Legislation For The City Of Philadelphia, Charlotte E. Thomas
New Steps To Preserve The Old: The Revised Historic Preservation Legislation For The City Of Philadelphia, Charlotte E. Thomas
Villanova Law Review (1956 - )
No abstract provided.
Criminal Law - Hobbs Act - Application Of The Hobbs Act In Local Political Corruption Prosecutions By The Federal Government, David E. Robbins
Criminal Law - Hobbs Act - Application Of The Hobbs Act In Local Political Corruption Prosecutions By The Federal Government, David E. Robbins
Villanova Law Review (1956 - )
No abstract provided.
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
Villanova Law Review (1956 - )
No abstract provided.
Congressional Immunity: A Criticism Of Exisiting Distinctions And A Proposal For A New Definitional Approach, X. L. Suarez
Congressional Immunity: A Criticism Of Exisiting Distinctions And A Proposal For A New Definitional Approach, X. L. Suarez
Villanova Law Review (1956 - )
No abstract provided.
Federal Statues And Government Regulation, Various Editors
Federal Statues And Government Regulation, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Federal Medical Care Recovery Act: A Case Study In The Creation Of Federal Common Law, Joseph C. Long
The Federal Medical Care Recovery Act: A Case Study In The Creation Of Federal Common Law, Joseph C. Long
Villanova Law Review (1956 - )
No abstract provided.
Legislative Conflicts Of Interest - An Analysis Of The Pennsylvania Legislative Code Of Ethics, James A. Shellenberger, Richard B. Hardt
Legislative Conflicts Of Interest - An Analysis Of The Pennsylvania Legislative Code Of Ethics, James A. Shellenberger, Richard B. Hardt
Villanova Law Review (1956 - )
No abstract provided.
Resale Price Maintenance, Refusals To Deal, And The Gasoline Retailer - A Search For Alternative Remedial Deterrents, Richard C. Mccarthy
Resale Price Maintenance, Refusals To Deal, And The Gasoline Retailer - A Search For Alternative Remedial Deterrents, Richard C. Mccarthy
Villanova Law Review (1956 - )
No abstract provided.
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
Villanova Law Review (1956 - )
No abstract provided.
The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten
The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten
Villanova Law Review (1956 - )
No abstract provided.
Housing Market Operations And The Pennsylvania Rent Withholding Act - An Economic Analysis, Joseph R. Buckley, Gary N. Conley
Housing Market Operations And The Pennsylvania Rent Withholding Act - An Economic Analysis, Joseph R. Buckley, Gary N. Conley
Villanova Law Review (1956 - )
No abstract provided.
Liability Of Credit Bureaus After The Fair Credit Reporting Act: The Need For Further Reform, Charles M. Ullman
Liability Of Credit Bureaus After The Fair Credit Reporting Act: The Need For Further Reform, Charles M. Ullman
Villanova Law Review (1956 - )
No abstract provided.
A Survey Of Federal Multidistrict Litigation - 28 U.S.C. 1407, F. J. Nyhan
A Survey Of Federal Multidistrict Litigation - 28 U.S.C. 1407, F. J. Nyhan
Villanova Law Review (1956 - )
No abstract provided.
Federal Population Policy: A Decade Of Change, Carl S. Shultz
Federal Population Policy: A Decade Of Change, Carl S. Shultz
Villanova Law Review (1956 - )
No abstract provided.