Now showing items 21-30 of 130
Did symbolism sink the constitution? Reflections on the European Union's state-like attributes
After several years of debate and controversy, in June of 2007 the European Union abandoned its proposed Constitution. On December 13, 2007, representatives of the Member States signed a replacement document, a treaty ...
The Treaty of Lisbon and its impact on the European Union's democratic deficit
In volume 10 of the Columbia Journal of European Law, the editors published an extensive article by Professor Sieberson, entitled "The Proposed European Union Constitution-Will It Eliminate the EU's Democratic Deficit?" ...
Dividing lines between the European Union and its member states: The impact of the Treaty of Lisbon
(T.M.C. Asser, 2008)
In the European Union the balance of power between Brussels and the Member State governments is an ongoing matter of contention. With each treaty amendment during the Union's first 50 years, EU competences have grown, and ...
Jones v. Flowers: An essay on a unified theory of procedural due process
Procedural due process has always been seen as having at least three independent strands. One is the jurisdictional or minimum contacts strand. That strand, derived from the Supreme Court's decision in International Shoe ...
Anti-bootlegging provisions: Congressional power and constitutional limitations
Courts and scholars have considered the constitutional validity of 17 U.S.C.§ 1101 (civil), and 18 U.S.C. § 2319A (criminal), known as "the anti-bootlegging provisions." These provisions prohibit unauthorized recording, ...
Civic underpinnings of legal change: Gay rights, abortion, and gun control
This article offers a civic view of legal change. This view emphasizes the role of citizens and describes the connection between civic bonds and new, sustainable legal doctrine, especially constitutional doctrine. Three ...