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Academic Journals
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- 1From:Notre Dame Law Review (Vol. 97, Issue 5)INTRODUCTION This Note is about unsupervised power, and what to do when it inflicts harm. Most executive officials wield "supervised" executive power; the President may fire them at any time, for any reason. The...
- 2From:Harvard Law Review (Vol. 136, Issue 3)When political deadlock prevents a state from redistricting, the job falls to courts. It is an uncomfortable assignment, and judges have differed widely over how to tackle it. (1) Recently, in Johnson v. Wisconsin...
- 3From:Washington Law Review (Vol. 97, Issue 3)Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a...
- 4From:Missouri Law Review (Vol. 87, Issue 3) Peer-ReviewedI. INTRODUCTION For Autumn Stultza, a single mother suffering from severe tonsil stones, Melinda Hille, a Type 1 Diabetic forced to choose between eating and paying for medication, Stephanie Doyle, a mother of three...
- 5From:Natural Resources & Environment (Vol. 37, Issue 1)Enacting smart, federal public policies that protect the environment, empower the public, and ensure that businesses can continue to invest and sustainably innovate are the keys to our green future. But how do we get...
- 6From:Notre Dame Law Review (Vol. 97, Issue 5)Equity traces its genesis to kingly power. But the new American constitutional order shattered the crown and left equity unanchored. Who or what, if anything, inherited the role of the sovereign in federal equity (1)? Is...
- 7From:William and Mary Law Review (Vol. 63, Issue 6) Peer-ReviewedSince the 1970s, covenants running with the land have tethered a large majority of the new housing units produced in the United States. These private restraints usually continue for generations, until a majority or...
- 8From:Notre Dame Law Review (Vol. 97, Issue 5)This Article discusses the ways in which the federal courts do and do not have equity powers. Article III courts have the judicial power, which enables them to apply the law, primary and remedial. Applicable remedied law...
- 9From:GP Solo (Vol. 39, Issue 3)As we move through 2022 with the COVID-19 pandemic not fully quelled, many real estate practitioners have begun to review early lessons from the pandemic to better navigate today's changing real estate landscape. At...
- 10From:Michigan Law Review (Vol. 120, Issue 7) Peer-ReviewedFor the past century, the Supreme Court has skeptically scrutinized Congress's power to enact healthcare laws and other domestic legislation, insisting that nothing in the Constitution gives Congress a general power to...
- 11From:Federal Communications Law Journal (Vol. 74, Issue 3) Peer-ReviewedI. INTRODUCTION The 2020 presidential election was a rollercoaster for the American people. From Facebook providing an election information center notification on posts pertaining to the election, (1) to Twitter...
- 12From:Washington University Global Studies Law Review (Vol. 21, Issue 2)Scholarship engaging the controversial question of whose interpretation of the constitution shall prevail has focused on three models: judicial supremacy, legislative supremacy, and departmentalism. Of late, the...
- 13From:Real Property, Trust and Estate Law Journal (Vol. 57, Issue 1)Author's Synopsis: American neighborhoods continue to be just as segregated as they were decades ago. Our nation's policies that have attempted to address segregation have widely failed. The negative consequences of...
- 14From:Denver Journal of International Law and Policy (Vol. 50, Issue 2) Peer-ReviewedThis Comment examines the United States' failure to invoke universal jurisdiction, even when doing so would likely have net positive effects in the foreign policy sphere. Instead, when war criminals turn up in the United...
- 15From:Constitutional Commentary (Vol. 37, Issue 1) Peer-ReviewedAkhil Reed Amar taught me to love the Constitution, and how to read it. The Words That Made Us (2) sets his lessons on constitutional interpretation to an engaging story about the founding of our country. That story...
- 16From:Public Contract Law Journal (Vol. 51, Issue 3)This Note will explore the current legal landscape of appropriations and private party enforcement of Congress's use of transfer and reprogramming appropriations statutes through ultra vires actions. This issue will be...
- 17From:Administrative Law Review (Vol. 74, Issue 2) Peer-ReviewedINTRODUCTION Scholars and commentators across the ideological spectrum are preparing themselves for a possible revival of the nondelegation doctrine. The Supreme Court, as most know, has not invalidated a law on...
- 18From:Constitutional Forum (Vol. 31, Issue 2)In recent years there has been a resurgence of efforts to renew and revitalize Indigenous law across Canada, along with a growing demand for meaningful recognition and respect for Indigenous rights under Canadian law....
- 19From:Journal of East Asian Studies (Vol. 22, Issue 1) Peer-ReviewedAbstract Drawing insights from legislative, electoral and welfare studies, the article investigates whether and to what extent electoral competition affects incumbent politicians' overpromising of social welfare...
- 20From:Human Rights (Vol. 47, Issue 3-4)Perhaps the most tragic aspect of the culture war is that it leads us to believe that we have to pick between important human rights. This is simply not true. All human rights deserve dignity. Carefully constructed laws...