Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration,
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?,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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),
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),
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),
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
,
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,
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).
