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35,010 full-text articles. Page 698 of 902.

Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg 2014 American Civil Liberties Union of Virginia

Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg

Washington and Lee Law Review

No abstract provided.


Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck 2014 University of Georgia School of Law

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Washington and Lee Law Review

No abstract provided.


Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann 2014 CUNY School of Law

Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.


Roe'S Effects On Family Law, Lynne Marie Kohm 2014 Regent University School of Law

Roe'S Effects On Family Law, Lynne Marie Kohm

Washington and Lee Law Review

No abstract provided.


Innocent Burdens, James Edwin Mahon 2014 Washington and Lee University

Innocent Burdens, James Edwin Mahon

Washington and Lee Law Review

No abstract provided.


The Puzzling Presumption Of Reviewability, Nicholas Bagley 2014 University of Michigan Law School

The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …


Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun 2014 Washington and Lee University School of Law

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.


Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun 2014 Washington and Lee University School of Law

Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.


Abortion Distortions, Caroline Mala Corbin 2014 University of Miami School of Law

Abortion Distortions, Caroline Mala Corbin

Washington and Lee Law Review

No abstract provided.


The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian 2014 University of San Francisco School of Law

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Washington and Lee Law Review

No abstract provided.


Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson 2014 Washington and Lee University School of Law

Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.


Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe 2014 Brooklyn Law School

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Faculty Scholarship

No abstract provided.


The Puzzling Presumption Of Reviewability, Nicholas Bagley 2014 University of Michigan Law School

The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …


Outside Influence, Anthony Johnstone 2014 Alexander Blewett III School of Law at the University of Montana

Outside Influence, Anthony Johnstone

Faculty Law Review Articles

This article considers how much outside influence matters to the constitutional analysis of state politics. It defends the political community principle applied in Bluman v. Federal Election Comm’n as an exception to the otherwise universal speaker-neutrality rule of Citizens United v. Federal Election Comm’n. It draws parallels between efforts to police national and state boundaries in politics, and the competing rights claims of outsiders to cross those boundaries and participate fully in domestic politics. The article suggests that the structural constitutional principle of political community supports certain state regulations of outside influence across a range of political activities. Part I …


Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins 2014 William & Mary Law School

Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins

Faculty Publications

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …


Enacted Legislative Findings And The Deference Problem, Daniel A. Crane 2014 University of Michigan Law School

Enacted Legislative Findings And The Deference Problem, Daniel A. Crane

Articles

The constitutionality of federal legislation sometimes turns on the presence and sufficiency of congressional findings of predicate facts, such as the effects of conduct on interstate commerce, state discrimination justifying the abrogation of sovereign immunity, or market failures justifying intrusions on free speech. Sometimes a congressional committee makes these findings in legislative history. Other times, Congress recites its findings in a statutory preamble, thus enacting its findings as law. Surprisingly, the Supreme Court has not distinguished between enacted and unenacted findings in deciding how much deference to accord congressional findings. This is striking because the difference between enactedness and unenactedness …


Bond, Buckley, And The Boundaries Of Separation Of Powers Standing, William Marks 2014 Vanderbilt University Law School

Bond, Buckley, And The Boundaries Of Separation Of Powers Standing, William Marks

Vanderbilt Law Review

A constitutional crisis is at hand. It is 2017, and a new President of the United States has taken office.' The new President generally opposes environmental regulations and accordingly nominated a candidate for Administrator of the Environmental Protection Agency ("EPA") with a deregulatory track record. The Senate, however, stood in the way: a proenvironment party holds the majority and threatened to filibuster. New presidents in this situation typically withdraw their nominations to avoid political embarrassment. But this time was different. In a forceful display of executive authority, the President unilaterally installed the nominee as the EPA Administrator. True, this action …


What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters 2014 Brigham Young University Law School

What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters

BYU Law Review

No abstract provided.


Up In The Air: Lawson V. Fmr Llc & The Scope Of Sarbanes-Oxley Whistleblower Protection, Ryan McCarthy 2014 Duke Law

Up In The Air: Lawson V. Fmr Llc & The Scope Of Sarbanes-Oxley Whistleblower Protection, Ryan Mccarthy

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Lawson v. FMR LCC, in which the Court will consider whether Sarbanes-Oxley extends whistleblower protection to employees of the private contractors and subcontractors of public companies.


Summary Of City Of Reno V. Howard, 130 Nev. Adv. Op. 12, Sean Daly 2014 Nevada Law Journal

Summary Of City Of Reno V. Howard, 130 Nev. Adv. Op. 12, Sean Daly

Nevada Supreme Court Summaries

The Court determined whether the “substantial-and-bona-fide-dispute” requirement under NRS 50.315(6) violated the Confrontation Clause, given the U.S. Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts.


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