Category Archives: Volume 35

Congress Giveth, and the Courts Taketh Away: Is Restitutionary Recoupment of Federal Funds a Proper Remedy When Taxpayers Allege that an Expired Statute Violated the Establishment Clause?

Sunday, May 4, 2008 | Comments Off on Congress Giveth, and the Courts Taketh Away: Is Restitutionary Recoupment of Federal Funds a Proper Remedy When Taxpayers Allege that an Expired Statute Violated the Establishment Clause?

The Seventh Circuit recently held in Laskowski v. Spellings that grantees of government funding can be forced by taxpayers to give grant money back to the federal government when the grant has allegedly violated the Establishment Clause – even...

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Back to the Basics: Looking Again to State Constitutions for Guidance on Forming a More Perfect Vice Presidency

Saturday, May 3, 2008 | Comments Off on Back to the Basics: Looking Again to State Constitutions for Guidance on Forming a More Perfect Vice Presidency

Years of thought, several volumes of text, and dozens of articles such as this one have been dedicated to the American vice presidency.’ In fact, most of the literature on this topic was produced in the last half century....

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For Whom the Little Bells Toll: Recent Judgments by International Tribunals on the Legality of Cluster Munitions

Friday, May 2, 2008 | Comments Off on For Whom the Little Bells Toll: Recent Judgments by International Tribunals on the Legality of Cluster Munitions

“Little bells” refer to cluster bomblets in Serbo-Croatian. Two international tribunals recently have found defendants liable for civilian deaths caused by cluster munitions. These decisions may herald a turning point in the regulation of these weapons. In 2004, the...

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The Practical Effects of Delegation: Agencies and the Zoning of Public Lands and Seas

Thursday, May 1, 2008 | Comments Off on The Practical Effects of Delegation: Agencies and the Zoning of Public Lands and Seas

Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted...

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Diversity as a Dead-End

Wednesday, April 9, 2008 | Comments Off on Diversity as a Dead-End

In January 2007, pictures surfaced on the Internet of a party hosted by a group of law students at the University of Connecticut. The posted pictures were not flattering. While the students were doing nothing illegal, the behavior depicted...

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Retaining Diversity in the Classroom: Strategies for Maximizing the Benefits that Flow from a Diverse Student Body

Monday, April 7, 2008 | Comments Off on Retaining Diversity in the Classroom: Strategies for Maximizing the Benefits that Flow from a Diverse Student Body

In Grutter v. Bollinger, the United States Supreme Court addressed the issue of whether diversity is a sufficiently compelling government interest to justify an affirmative action program that considered race and ethnicity in allocating law school admission offers. The...

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