Now showing items 21-30 of 37
Counteracting ambition: Applying corporate compliance and ethics to the separation of powers concerns with domestic surveillance
Paul E. McGreal, Counteracting Ambition: Applying Corporate Compliance and Ethics to the Separation of Powers Concerns with Domestic Surveillance, 60 SMU L. Rev. 1571 (2007).
When it comes to domestic surveillance, even in the name of foreign intelligence, one constitutional challenge is to balance suspicion of and confidence in executive power - to leave the executive flexibility to meet ...
Constitutional defense of legislative history
Paul E. McGreal, A Constitutional Defense of Legislative History, 13 Wm. & Mary Bill Rts. J. 1267 (2005).
Unpublished Free Exercise opinion in Jensen v. Quaring
Paul E. McGreal, The Unpublished Free Exercise Opinion in Jensen v. Quaring, 33 S. Ill. U. L.J. 1 (2008).
Since they were opened to the public in March 2004, the Harry A. Blackmun Papers at the Library of Congress have provided a wealth of information about the United States Supreme Court and its landmark decisions. This Essay ...
In defense of complete preemption
Paul E. McGreal, In Defense of Complete Preemption, 156 U. Pa. L. Rev. PENNumbra 147 (2007).
Recent writings by Professors Gil Seinfeld and Trevor Morrison criticize the Supreme Court's complete preemption doctrine as misguided and unconstitutional, respectively. Professor Seinfeld suggests reforming the doctrine ...
Of speech, politics, and circular history
Michael J. Kelly, Of Speech, Politics, and Circular History, 2 J. Nat'l Security L. & Pol'y 195 (2006) (reviewing Geoffrey R. Stone, Perilous Times: Free Speech in Wartime, From the Sedition Act of 1798 to the War on Terrorism (2004)).
Article 9 pacifism clause and Japan's place in the world
Michael J. Kelly, The Article 9 Pacifism Clause and Japan's Place in the World, 25 Wis. Int'l L.J. 491 (2007).
Many argue that the Article 9 pacificim clause in the Japanese constitution is an impediment to Japan assuming its rightful place in the world's current power structure as it unduly restricts the deployment capabilities ...
Proposed European Union Constitution -- will it eliminate the EU's democratic defict?
Stephen C. Sieberson, The Proposed European Union Constitution – Will It Eliminate the EU’s Democratic Deficit? 10 Colum. J. Eur. L. 173 (2004).
In 2003 the European Convention released a draft of the Treaty Establishing a Constitution for Europe, a document intended to replace the primary European Union treaties. This article examines the draft Constitution to ...
How the new European Union Constituion will allocate power between the EU and its member states -- a textual analysis
Stephen C. Sieberson, How the New European Union Constitution Will Allocate Power Between the EU and Its Member States – A Textual Analysis, 37 Vand J. Transnat'l L. 993 (2004).
The new European Union Constitution, if ratified by the EU's Member States, will replace the existing EC Treaty and Treaty on European Union. The Author analyzes the text of the Constitution to determine how it balances ...
Worth doing well -- the improvable European Union Constitution
Stephen C. Sieberson, Worth Doing Well – The Improvable European Union Constitution, 26 Mich. J. Int'l L. 587 (2005).
The European Union Constitution’ (Constitution) was born of a desire to reorganize and simplify the existing EU Treaties in anticipation of the European Union’s (EU or Union) addition of ten new Member States in 2004. Its ...
Paul E. McGreal, Unconstitutional Politics, 76 Notre Dame L. Rev. 519 (2001).
This Article argues that the federal statute requiring election of the United States House of Representatives by single-member districts is unconstitutional. Simply put, this statute, which was first enacted in 1842, ...