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A Legacy Diminished: President Obama and the Courts

Supreme Court, at least, did not see its own actions in establishing this precedent as controversial, Alan B. Morrison, Chevron Deference, Mend It, Don’t End It , 32 J.L. & Pol. 293-304 (2017). but by the end of the Obama presidency congressional Republicans saw the principle of so-called Chevron deference as a bulwark of the regulatory state that constituted a violation of the separation of powers. Paul R. Verkuil, Properly Viewed, Chevron Honors the Separation of Powers , The Hill, (June 26, 2016, 06/23/16 03:45 PM EDT), https

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Toward Natural Born Derivative Citizenship

Archives (May 31, 1781) (regarding state citizenship prior to the adoption of the Constitution), http://founders.archives.gov/documents/Franklin/01-35-02-0082 . State citizenship then was primary. See , e . g ., J AMES H. K ETTNER , T HE D EVELOPMENT OF A MERICAN C ITIZENSHIP , 1608-1870, at 219-21 (1978). B Natural Born Citizenship “By Birth” Citizenship “by birth” is obtained by birth within and under the jurisdiction of the United States. See , e . g ., United States v. Wong Kim Ark, 169 U.S. 649, 702-03 (1898) (“citizenship by birth is established by

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Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications

, e.g ., Benghazi, Emails And Family , I NVESTOR ’ S B USINESS D AILY , Aug. 25, 2015, at A13 (“The case against Clinton picked up Monday when former Attorney General Mike Mukasey said on MSNBC that Clinton has disqualified herself from holding office because she destroyed federal records when she had the server wiped clean.”); Emails one Hill of a problem for presidency push , T HE D AILY T ELEGRAPH (Austl.), Aug. 26, 2015, at 17 (“Hillary Clinton could find herself disqualified from becoming president if her worst-case legal scenario should come to pass, a

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Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause

Cowper described how Gilpin lost control of his horse, which tore along the post road from London to points north. Gilpin’s wife watched helplessly, as she saw “Her husband posting down Into the country far away.” Cowper , supra note 1, at 194. A courier on horseback was called a post rider , a post boy 5 Geo. 3, c. 25 (1765), §§ 20 & 21 (using the term “post boy” to refer to a rider). (although most were full-grown men), L EWINS , supra note 1, at 65. or simply a post . G ILES J ACOB , A N EW L AW -D ICTIONARY (10 th ed. 1782) (unpaginated

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Sanctuary Cities: A Study in Modern Nullification?

modern renaissance beginning during the Obama administration. State legislators across the country have appealed to nullification to resist federal involvement in spheres as diverse as health insurance See e.g . Richard Cauchi, State Laws and Actions Challenging Certain Health Reforms , National Conference of State Legislatures (March 25, 2017), http://www.ncsl.org/research/health/state-laws-and-actions-challenging-ppaca.aspx . and gun control. See e.g . Justine McDaniel et al., In States, a Legislative Rush to Nullify Federal Gun Laws , Wash. Post (Aug. 29

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Cleaning the Muck of Ages from the Windows into the Soul of Tax

one to the other through the process of abstraction.” The reference to Marx 1904 is a reference to K ARL M ARX , A C ONTRIBUTION TO THE C RITIQUE OF P OLITICAL E CONOMY 293–294 (N. I. Stone trans., Int’l Library Publ’g 1904). help us do this. The dialectic and the windows of insight it opens into the soul of tax may aid our understanding of the Australian tax system and its positioning within capitalism in Australia. Understanding the methodology and approaches gives us the heavy-duty material to clean the windows of the years of neoliberal and Keynesian muck

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Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

-official-george-masons-law-school-is-named-in-honor-of-antonin-scalia/ . Law reviews published tributes. For example, the Minnesota Law Review published an online symposium providing a number of insightful articles about Scalia, Scalia Symposium , 101 Minn. L. Rev. Headnotes (2016), http://www.minnesotalawre-view.org/headnote-issue/volume-101-scalia-symposium/ . and the Harvard Law Review dedicated an issue to the late Justice, complete with commentary from Chief Justice John Roberts, Justice Elena Kagan, Justice Ruth Bader Ginsburg, Cass Sunstein, John Manning, Martha Minow and Rachel Barcow. John G. Roberts, Jr., In Memoriam

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The Curious Incident of Trump and the Courts: Interbranch Deference in an Age of Populism

://www.npr.org/sections/thetwo-way/2017/11/03/561852721/bowe-bergdahls-sentence-no-prison-time And Trump has targeted the Ninth Circuit Court of Appeals in particular as having a “terrible record of being overturned” and serving as the source of “outrageous” decisions. Derek Hawkins, Trump Takes up GOP Tradition of Bashing 9th Circuit, a. k.a. ‘9th Circus,’ Wash. Post, Apr. 27, 2017, https://www.washingtonpost.com/news/morning-mix/wp/2017/04/27/trump-takes-up-hoary-gop-tradition-of-bashing-9th-circuit-aka-9th-circus/?noredirect=on&utm_term=.20a3e27d5a9f But, on the whole, these reproaches have

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A Historical Perspective on Administrative Jurisdiction in Latin America: Continental European Tradition versus U.S. Influence

I Introduction The boom in public-law conflicts in Brazilian courts English version of the chapter included in the collective work published in Germany: K ARL - P ETER S OMMERMANN & B ERT S CHAFFARZIK , H ANDBUCH DER G ESCHICHTE DER V ERWALTUNGSG ERICHTSB ARKEIT IN D EUTSCHLAND UND E UROPA [M ANUAL OF H ISTORY OF A DMINISTRATIVE J URISDICTION IN G ERMANY AND E UROPE ] 1500 (2017) available at http://amzn.to/1DQNlBX . “The total number of cases increased from 83.4 million in 2009 to 92.2 million in the year 2012; out of that total, 28

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Strategic and Tactical Totalization in the Totalitarian Epoch

rights, as absolute or conclusive reasons for action. G RéGOIRE W EBBER , T HE N EGOTIABLE C ONSTITUTION : ON T HE L IMITATION OF R IGHTS (2009) at ch. 4. Or with Joseph Raz we might treat a determinate legal reason as a type of secondary reason for action called an “exclusionary” reason. J OSEPH R AZ , T HE M ORALITY OF F REEDOM (1986) [hereinafter R AZ , Freedom ] at Ch. 7; J OSEPH R AZ , P RACTICAL R EASON AND N ORMS 35-48, 73-89 (1999) [hereinafter Raz, Norms ]; J OSEPH R AZ , P RACTICAL R EASONING 128-43 (1978). The idea common to all

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