Congress and the Supreme Court
The Supreme Court and the Power of Congress to Expatriate From the Objective to the Subjective Test of Voluntariness: A Shift in Predominance
... The Supreme Court and the Power of Congress to Expatriate From the Objective to the Subjective Test of Voluntariness A Shift in Predominance SMU Law Review Volume 22 | Issue 3 Article 6 1968 The Supre[.] ...
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The Federal Income Taxation of Contingent Attorneys' Fees: Patchwork by Congress and Supreme Court Creates Uncertainty
... 5 4 Although the Jobs Act applies to Federal False Claims Act cases, claims brought under state counterpart legislation are not entitled to an above-the-line deduc- tion [r] ...
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The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins
... The Supreme Court's recent decision in Spokeo does not fully resolve when an intangible injury such as a defendant's misreporting of a plaintiff's personal information is[r] ...
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Statutory Miconstruction: How the Supreme Court Created a Federal Arbitration Law Never Enacted by Congress
... the court applied ejusdem generis incorrectly because it refused to consider the legislative history and the context it provided for the ...the Court chose to ...
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Invoking Civil Remedies to Prevent the Commission of Future Crimes by Sex Offenders
... States Supreme Court has upheld the power of Congress, as well as the states, to impose registration requirements on convicts deemed likely to commit future sex ...the Supreme Court ...
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On the ‘residuum of powers’ in the great Anglo-American Federations: a neo-Bagehotian-Coasean gloss
... allowed Congress to collect income tax, enabled much wider spending powers, which inevitably lead the Supreme Court to a Hamiltonian (nationalist) interpretation of the Welfare Clause under Article ...
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Maybe Soldiers Have Rights After All
... United States,' the United States Supreme Court held that the separation of powers principle does not preclude Congress from delegating its constitutional authority to the President to d[r] ...
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Unmistakably Clear: Human Rights, the Right to Representation, and Remedial Voting Rights of People of Color
... to Congress under the Constitution to enforce the Civil War ...The Supreme Court recognized that Congress could implement: “Whatever legislation is appropriate, that is, adapted to carry out ...
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The Indian Child Welfare Act of 1978: A Montana Analysis
... The Pre-ICWA decisions of the Montana Supreme Court portray Montana as one of the states Congress found insensitive to tribal jurisdiction in Indian child custody p[r] ...
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Criminal Appeals: Technicality and Prejudicial Error
... Congress by an act approved February 24, 1933, permitted the Supreme Court of the United States to prescribe rules of practice and procedure as to federal appeals.7 - Such rules were ado[r] ...
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Tempering the Commerce Power
... Before 1937, the Supreme Court generally barred Congress from regulating any activity the Court classified as "produc- tion." 1 6 3 Under the principals and in[r] ...
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Taming the Supreme Court
... Delegates to the Constitutional Convention presumed that the Supreme Court would review the actions of Congress for constitutionality." The Constitution itself requir[r] ...
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How Can the United States Rectify Its Post-9/11 Stance on Noncitizens' Rights
... Inside the designation of deportations as civil proceedings, the Supreme Court facilitated the transfer of discretionary power from Congress to the agency formerly know[r] ...
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12.3 Reconstructions collapse.pdf
... Although Radical Republicans wanted to help the former slaves, they made several serious mistakes. First, they assumed that extending certain civil rights to freed persons would enable them to protect themselves through ...
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Rational Basis Is The Only Rational Solution: Resolving Foreign Commerce Clause Confusion
... The “tenable nexus” test presents significant issues, and the Clark and Bianchi courts generally fail to explain their reasoning in applying this test. It presents an issue because while it should have the same ...
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The Supreme Court Giveth and the Supreme Court Taketh Away: The Century of Fourth Amendment Search and Seizure Doctrine
... First Congress in the 1789 Collections Act had authorized customs officers to make warrantless searches of ships if the officer had “reason to suspect” a customs violation; and he asserted that this proved the ...
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Power Point 8
... Bureaucratic Power Iron Triangles Presidential Control Of The Bureaucracy Congress And Its Members Congress Versus The Executive Branch Supreme Court Legitimacy Factor In Law Making Fede[r] ...
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Power Point 9
... Bureaucratic Power Iron Triangles Presidential Control Of The Bureaucracy Congress And Its Members Congress Versus The Executive Branch Supreme Court Legitimacy Factor In Law Making Fede[r] ...
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The Federal Judiciary
... Over the years Congress has created two types of federal courts ◆ Constitutional Courts include the Supreme Court, the courts of appeal, the district courts, and the Court of Internation[r] ...
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The Montana Supreme Court in Politics
... heightened and expanded rights under our state constitution."' ' The Montana court thereby made its intent clear. The justices would give access to welfare benefit[r] ...
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