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14,560 full-text articles. Page 283 of 302.

Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin 2011 Barry University School of Law

Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin

Barry Law Review

This article will analyze possible limitations on Congress’ Article I power, concluding that separation of powers jurisprudence offers a practical and appropriate manner in which to check Congressional overreach. Part I traces the development of Congress’ power to create Article I courts. Part II critically evaluates the Northern Pipeline opinions, ultimately finding neither Justice Brennan’s nor Justice White’s conflicting opinions satisfactory. Part III briefly discusses several possible limiting principles on Article I courts before concluding that separation of powers jurisprudence offers a meaningful and pragmatic solution to the problem. Part IV tests the practicality of this new separation of powers …


Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus 2011 Barry University School of Law

Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus

Barry Law Review

This article explores the constitutionality of the individual mandate of the health care reform bill known as the Patient Protection and Affordable Care Act, as well as the economic penalty that is assessed to those who do not meet the mandate. A brief history of prior health reform initiatives in the United States will be examined to provide a historical context for the current political debate regarding the currently instituted reforms. The legal justifications of the proponents for the mandate will be analyzed regarding their constitutionality, and the legal fate of the mandate will be examined. Lastly, this article will …


Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn 2011 Florida A&M University College of Law

Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn

Florida A & M University Law Review

No abstract provided.


Chapter 20: The Shirt Heard 'Round The World, Colin Sullivan 2011 University of the Pacific; McGeorge School of Law

Chapter 20: The Shirt Heard 'Round The World, Colin Sullivan

McGeorge Law Review

No abstract provided.


Chapter 28: A Special Election's Special Exception, Ashley Bonnett 2011 University of the Pacific; McGeorge School of Law

Chapter 28: A Special Election's Special Exception, Ashley Bonnett

McGeorge Law Review

No abstract provided.


Taking Advantage Of Federal Money: Chapter 11 Allows California Schools To Unambiguously Issue Qualified School Construction Bonds, Carissa Bouwer 2011 University of the Pacific; McGeorge School of Law

Taking Advantage Of Federal Money: Chapter 11 Allows California Schools To Unambiguously Issue Qualified School Construction Bonds, Carissa Bouwer

McGeorge Law Review

No abstract provided.


Giving Life: Increasing Organ Donation And Creating An Altruistic Organ Donation Registry, Rebekah Morrissey 2011 University of the Pacific; McGeorge School of Law

Giving Life: Increasing Organ Donation And Creating An Altruistic Organ Donation Registry, Rebekah Morrissey

McGeorge Law Review

No abstract provided.


Expedited Jury Trials Act: Enhancing Access, Reducing Costs, And Increasing Efficiency, The, Jeremy P. Ehrlich 2011 University of the Pacific; McGeorge School of Law

Expedited Jury Trials Act: Enhancing Access, Reducing Costs, And Increasing Efficiency, The, Jeremy P. Ehrlich

McGeorge Law Review

No abstract provided.


Ending The Gay Cure: Chapter 379 Deletes Discriminatory Language From The Law, Ashley Porter 2011 University of the Pacific; McGeorge School of Law

Ending The Gay Cure: Chapter 379 Deletes Discriminatory Language From The Law, Ashley Porter

McGeorge Law Review

No abstract provided.


Chapter 106: In Hearsay We Trust, Abigail Maurer 2011 University of the Pacific; McGeorge School of Law

Chapter 106: In Hearsay We Trust, Abigail Maurer

McGeorge Law Review

No abstract provided.


Chapter 66: Making Small Steps Towards Permanency For Dependent Children, Kendra Bertschy 2011 University of the Pacific; McGeorge School of Law

Chapter 66: Making Small Steps Towards Permanency For Dependent Children, Kendra Bertschy

McGeorge Law Review

No abstract provided.


Table Of Bill Numbers, University of the Pacific; McGeorge School of Law 2011 University of the Pacific; McGeorge School of Law

Table Of Bill Numbers, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Chapter 3: Empowering Parents To Win The Race To The Top, Ashley Bonnett 2011 University of the Pacific; McGeorge School of Law

Chapter 3: Empowering Parents To Win The Race To The Top, Ashley Bonnett

McGeorge Law Review

No abstract provided.


Chapter 13: More Money To Players, Brighter Future For Schools, Megan Cosgrove 2011 University of the Pacific; McGeorge School of Law

Chapter 13: More Money To Players, Brighter Future For Schools, Megan Cosgrove

McGeorge Law Review

No abstract provided.


Chapter 22: Another Step Toward Curing Constitutional Deficiencies In California's Prisons, Kirk Wilbur 2011 University of the Pacific; McGeorge School of Law

Chapter 22: Another Step Toward Curing Constitutional Deficiencies In California's Prisons, Kirk Wilbur

McGeorge Law Review

No abstract provided.


Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles 2011 UIC School of Law

Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles

UIC Law Review

No abstract provided.


Small-Donor Public Financing In The Post-Citizens United Era, 44 J. Marshall L. Rev. 619 (2011), Monica Youn 2011 UIC School of Law

Small-Donor Public Financing In The Post-Citizens United Era, 44 J. Marshall L. Rev. 619 (2011), Monica Youn

UIC Law Review

No abstract provided.


A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011), David H. Gans, Douglas T. Kendall 2011 UIC School of Law

A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011), David H. Gans, Douglas T. Kendall

UIC Law Review

No abstract provided.


The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith 2011 Cleveland State University

The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith

Journal of Law and Health

Given that the Reform Law is not operating on a blank slate, this article examines its impact on the health care reform efforts of three states: Hawaii, Maine, and Vermont. More specifically, this article examines each state’s health care reform plan, the outcomes of each plan in terms of achieving universal coverage or near universal coverage, and the likely impact of the federal health care reform legislation on these plans, with a particular focus on how the federal legislation and state laws will or will not work together to achieve near-universal coverage. The article aims to determine whether the Reform …


Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn 2011 American University Washington College of Law

Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn

Joint PIJIP/TLS Research Paper Series

The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).


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