wanted to regulate “frontier traffic” (trade between adjacent countries) while others saw the exception as a tool to legitimate preexisting arrangements or to further economic development, or even as a kind of insurance policy in the event that the new multilateral system were to break down. Petros C. Mavroidis, I The Regulation Of International Trade: Gatt 293 (2016). Although the United States had pressed for a requirement of immediate adoption of the customs union, other delegations urged that there be a transition or interim period. This latter view ultimately
number of different balancing tests in the American context; Miguel Maduro, We the Court: The European Court of Justice and the European Economic Constitution 54-8 (1998) does the same in the European context. See also Möller , supra note 38, at 134-177. Balancing purports to be a tool for solving conflicts between individual rights. In the European— and, increasingly, global—context, balancing is traditionally associated with the principle of proportionality. Analyzing the potential differences between balancing and proportionality, see Moshe Cohen
What did South Carolinian John C. Calhoun (1782-1850) and San Francisco mayor Ed Lee (1952-2017) have in common? Both, apparently, adhered to the “discredited” Christian G. Fritz, Interposition: An Overlooked Tool of American Constitutionalism, in Union & States’ Rights: A History and Interpretation of Interposition, Nullification, and Secession 150 Years After Sumter (henceforth Union & States’ Rights) 165, 165 (Neil H. Cogan, ed. 2014). doctrine of nullification.
As United States President Donald Trump has initiated his promised
is ‘concrete and particularized’ and ‘actual or imminent, not conjectural or hypothetical.’” Id . at 1548 (quoting Lujan , 504 U.S. at 560).
These tests amount to malleable yet effective tools for dismissing cases that would involve difficult public policy issues; they have even been applied when federal laws clearly spelled out the right of any citizen to bring a suit in court. Sulkowski, supra note 116. CREW had a relatively weak standing claim, as its “injuries” were alleged to be the “drain on the organization’s resources.” CREW amended its complaint to
-Continuity of the Separating Equilibrium Correspondence , 47 J. Econ. Theory 406 (1989); Peter H. Huang, Structural Stability of Financial and Accounting Signaling Equilibria , 9 Res. Fin. 37 (1991). Asymptotic stability refers to convergence of conditional probability beliefs revised under a dynamic adjustment process, such as updating prior beliefs via Bayesian inference to form posterior beliefs. Mathematical tools of asymptotic stability analysis include probability theory and martingale convergence theorems. See, e.g ., Margaret Bray & David M. Kreps, Rational
suspending them. No branch, court, or police agency can intervene; for example, party leaders are in continuing negotiations with members of their caucuses to gain support for legislation that advances party objectives. A crucial bargaining tool in the negotiations is the leaders’ ability to include bills favored by particular members (and the interests supporting that member) in the portfolio of must-pass party legislation. This mechanism is necessary to party discipline and congressional leaders are unlikely to let procedural rules prevent its use.
, 134 S. Ct. at 1386. Instead of treating the zone-of-interests test as a matter of standing doctrine, Justice Scalia re-characterized the inquiry as one into the meaning of the relevant statute.
Whether a plaintiff comes within the zone of interests is an issue that requires us to determine, using traditional tools of statutory interpretation, whether a legislatively conferred cause of action encompasses a particular plaintiff’s claim. As Judge Silberman of the D.C. Circuit recently observed, prudential standing is a misnomer as applied to the zone
, supra note 11, at 16 (2012). Second, shareholder voting rights are themselves monopolized, not by people whose money is invested, but asset managers and banks with ‘other people’s money’. McGaughey, supra note 127. This has led to an ‘Enron economy’ prone to financial crisis. Third, wealth discrimination blocks equal freedom to be educated, to access public and private schools and universities. Rich parents bribe their way to the front of the college line, ahead of students with more merit. The tools to achieve modern social security, universal health care
. Cf . G OODMAN , supra note 8 at 369.
It is unlikely that Fortas was unwilling as a matter of principle to provide the fifth vote to overrule Barenblatt on the basis of that case’s dissenting opinions. While in private practice, when Senator McCarthy had not yet been censured, Fortas had written, “the [congressional] hearing has become a weapon of persecution, a useful tool to the demagogue, a device for the glory of the prosecutor and of shame for the accused.” Quoted in G OODMAN , supra note 8, at 489. He had represented those dragged before the
depend upon many factors, including not only the scope and reach of legislation or the particular barriers faced by stateless individuals in any given jurisdiction, but also the public awareness of the plight of stateless children and the appetite among the public, investors, governments, and multinational corporations for change. Nevertheless, the engagement of the corporate world offers a pragmatic approach, reaching those directly affected by statelessness, by looking to those multinational corporations active across the globe with the tools and incentives to engage