Results for 'example of theory of lawmaking'
The Local Lawmaking Loophole
operating in theory to the ultimate benefit of residents across its region. Yet, the growing prevalence of ILAs belies two underappreciated features of their
Forum: Triptych’s End: A Better Framework To Evaluate 21st Century International Lawmaking
To Evaluate 21st Century International Lawmaking How does the United States enter and exit its international obligations? By the last days of the
The Moral Impact Theory of Law
suggesting the example of the canon concerning Native Americans. The fact that the theory does not convert statutory interpretation into a mechanical
Fiduciary Political Theory: A Critique
theory by positing that a state must act in “good … For example, Brian Orend conjectures that “nternational law does not include” the rule of r… See, e.g
The Cycles of Separation-of-Powers Jurisprudence
example, the way in which the separation of powers promotes efficiency by eliciting institutional specialization among the branches and prevents tyranny by
Forum: The History of History and Tradition: The Roots of Dobbss Method (and Originalism) in the Defense of Segregation
treated the lawmaking of states segregating education in 1868—most of which were Confederate states then-resisting emancipating their slaves, the
Agency Enforcement of Spending Clause Statutes: A Defense of the Funding Cut-Off
grants. This dedication of federal funds to grant programs is a relatively new story in the regulatory state. In 1960, for example, federal grants to
Forum: Transcending the Youngstown Triptych: A Multidimensional Reappraisal of Separation of Powers Doctrine
President, like his predecessors, has at times pushed against the boundaries of his authority. He has, for example, adopted a robust conception of
The Limits of Enumeration
wrongly read. Consider an example that carries none of the baggage of debates about constitutional theory. Imagine the Wolverine Summer Day Camp
Forum: The Draft Restatement (Third) of Conflict of Laws: A Response to Brilmayer & Listwa
uniform caselaw on the basis of a theory they have not articulated. That does not seem proper for a restatement. Whatever Brilmayer and Listwa think