Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Nevada Law Journal
No abstract provided.
Developments In The Law On Constitutional And Statutory Interpretation: Vellama D/O Marie Muthu V Ag [2012] Sghc 155; [2013] Sgca 39,
2013
Singapore Management University
Developments In The Law On Constitutional And Statutory Interpretation: Vellama D/O Marie Muthu V Ag [2012] Sghc 155; [2013] Sgca 39, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Following the expulsion of Mr Yaw Shin Leong, MP for Hougang Single MemberConstituency (SMC), from his party, the applicant in Vellama d/o Marie Muthu v AttorneyGeneral[2012] SGHC 155, [2012] 2 SLR 1033 (“Vellama (HC)”); [2013] SGCA 39 (“Vellama(CA)”), a resident of Hougang SMC, sought a declaration that the Prime Minister did nothave unfettered discretion in deciding whether and when to call a by-election to fill thevacant seat in Parliament, given that art 49(1) of the Constitution provides that “Wheneverthe seat of a Member, not being a non-constituency Member, has become vacant for anyreason other than a dissolution of Parliament, the …
Not The Power To Destroy: An Effects Theory Of The Tax Power,
2013
Texas A&M University School of Law
Not The Power To Destroy: An Effects Theory Of The Tax Power, Robert D. Cooter, Neil S. Siegel
Faculty Scholarship
The Supreme Court’s “new federalism” decisions impose modest limits on the regulatory authority of Congress under the Commerce Clause. According to those decisions, the Commerce Clause empowers Congress to use penalties to regulate interstate commerce, but not to regulate noncommercial conduct. What prevents Congress from penalizing non-commercial conduct by calling a penalty a tax and invoking the Taxing Clause? The only obstacle is the distinction between a penalty and a tax for purposes of Article I, Section 8. In National Federation of Independent Business v. Sebelius (NFIB), the Court considered whether the minimum coverage provision in the Patient Protection and …
An Analysis Of The Constitutional Court Ruling On The Annulment Of The Provisions On Coastal Water Concessions (Hp-3),
2013
Indonesia for Global Justice (IGJ)
An Analysis Of The Constitutional Court Ruling On The Annulment Of The Provisions On Coastal Water Concessions (Hp-3), M. Riza Damanik
Indonesia Law Review
After the annulment of the Coastal Water Concessions (HP-3) in 16 June 2011, traditional fisher folk organization leaders found a great fighting spirit to further follow-up the Constitutional Court Ruling to support their daily lives. For those who are being “evicted” from their living space (the coastal waters), they want to reclaim their rights through constitutional ways. Likewise, those who (feel to) have lost their existence as Indonesian traditional fisher folk are impatient to find out whether there is a breakthrough in the Constitutional Court Ruling that can restore the fisher folk’s family way of life. The ruling itself was …
August 29, 2013: No New Year For Secularists,
2013
Duquesne University
August 29, 2013: No New Year For Secularists, Bruce Ledewitz
Hallowed Secularism
Blog post, “No New Year for Secularists“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter,
2013
The University of Akron
Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan
University of Akron Press Publications
Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, …
August 24, 2013: Charles Krauthammer Loses His Way,
2013
Duquesne University
August 24, 2013: Charles Krauthammer Loses His Way, Bruce Ledewitz
Hallowed Secularism
Blog post, “Charles Krauthammer Loses His Way“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Dog Days Of Fourth Amendment Jurisprudence,
2013
Northwestern Pritzker School of Law
The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports
NULR Online
No abstract provided.
August 21, 2013: The Question Of God Against The Background Of Secularization,
2013
Duquesne University
August 21, 2013: The Question Of God Against The Background Of Secularization, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Question of God Against the Background of Secularization“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 19, 2013: If Materialism Goes, What Goes With It?,
2013
Duquesne University
August 19, 2013: If Materialism Goes, What Goes With It?, Bruce Ledewitz
Hallowed Secularism
Blog post, “If Materialism Goes, What Goes With It?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 15, 2013: The Feast Of The Assumption And The Disaster In Egypt,
2013
Duquesne University
August 15, 2013: The Feast Of The Assumption And The Disaster In Egypt, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Feast of the Assumption and the Disaster in Egypt“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 11, 2013: Reza Aslan Speaks To The Commonwealth Club,
2013
Duquesne University
August 11, 2013: Reza Aslan Speaks To The Commonwealth Club, Bruce Ledewitz
Hallowed Secularism
Blog post, “Reza Aslan Speaks to the Commonwealth Club“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 9, 2013: The Christian Case Against Gay Marriage,
2013
Duquesne University
August 9, 2013: The Christian Case Against Gay Marriage, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Christian Case Against Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 4, 2013: Hannah Arendt And The Banality Of Evil,
2013
Duquesne University
August 4, 2013: Hannah Arendt And The Banality Of Evil, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Hannah Arendt and the Banality of Evil“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 1, 2013: A Theology "As If",
2013
Duquesne University
August 1, 2013: A Theology "As If", Bruce Ledewitz
Hallowed Secularism
Blog post, “A Theology "As If"“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem,
2013
Louisiana State University Law Center
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Louisiana Law Review
The article offers information related to the dormant Commerce Clause doctrine (DCCD), a legal doctrine that courts in the U.S. have inferred from the commerce clause related to the prohibition of the extraterritorial state legislation. It mentions that the clause expressly grants congress the power to regulate commerce among the several states.
The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective,
2013
University of San Diego
The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective, Diarmuid F. O'Scannlain
San Diego Law Review
Join me now in examining some of the structural features of our Constitution. And let’s do so by focusing upon cases that have come before my court—the United States Court of Appeals for the Ninth Circuit, the second highest federal court in the land, inferior only to the Supreme Court of the United States. My goal is to present, in modest outline, an originalist perspective on the federal judge’s role, particularly my role as a circuit judge, in the constitutional order.
Finding A Positive Right To Healthcare,
2013
University of Kentucky College of Law
Finding A Positive Right To Healthcare, Nicole Huberfeld
Law Faculty Popular Media
In this blog post, Professor Nicole Huberfeld provides a review of Edward Rubin's article The Affordable Care Act, The Constitutional Meaning of Statutes, and the Emerging Doctrine of Positive Constitutional Rights, 53 Wm. & Mary L. Rev. 1639 (2012).
The Definite Article: The D.C. Circuit's Redefinition Of Recess Appointments,
2013
Northwestern Pritzker School of Law
The Definite Article: The D.C. Circuit's Redefinition Of Recess Appointments, Jeff Vandam
NULR Online
No abstract provided.
July 28, 2013: Pro-Life Liberalism,
2013
Duquesne University
July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pro-Life Liberalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
