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Karin Hilmer Pedersen and Lars Johannsen

(1999): 748–765. 17. Gingerich, David W. “Governance indicators and the level of analysis problem: Empirical findings from South America.” British Journal of Political Science 43 (2012): 505–540. 18. Guy, Mary. “Mom work versus dad work in local government.” Administration and Society 49 (2016): 48–64 // DOI:10.1177/0095399716641989. 19. Hassan, Shahidul, Bradley E. Wright, and Gary Yukl. “Does ethical leadership matter in government? Effects on organizational commitment, absenteeism, and willingness to report ethical problems.” Public

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Ricardo Perlingeiro

an unspecified injunctive relief measure is a provisional court order instructing the authorities to supply a medicine or health care service to a private claimant. If the authority fails to comply with the court order, the judge is empowered to seize the corresponding amount of money and pay it to the claimant. There are certain restrictions on granting injunctive relief, however: general and specific restrictions. One example of a general restriction is protection of the public interest; Art. 15 of the Law of Individual and Collective Writs of Mandamus [Lei do

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Richard A. Epstein

Lawyer Looks at Constitutional Interpretation , 72 Bost. U. L. Rev. 72 (1992). The standard roster of implied terms is a powerful constraint on judicial adventurism that allows judges to avoid the greatest logical embarrassments associated with rigid textualism. Justice Scalia contributed many important opinions on the constitutional protection of private property. In all of these, he focused his attention on the written text, paying less attention to larger questions of overall constitutional structure. This in turn resulted in him downplaying the key role of

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Joseph D’Agostino

Introduction The candor in retirement of Richard Posner, the ex-libertarian former judge, displays an admirable lack of limits. In an interview published on September 11, 2017, he explained for a general audience just how small a role the law played in his decisions while he served on the U.S. Court of Appeals for the Seventh Circuit: “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself—forget about the law—what is a sensible resolution of this

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David A. Gantz

Organization (ITO) Charter, where particular concerns had arisen with respect to the preferences extended to members of the British Commonwealth. See Jackson, at 576-580 (discussing the drafting of Article XXIV). According to Jackson, even the United States “recognized the legitimacy of an exception for customs unions,” and was willing to permit such arrangements “without opening the door to the introduction of all preferential systems under the guise of a customs union.” Id . at 577. Professor Petros Mavroidis further suggests that some negotiators at the conference

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Robert G. Natelson

letters and packages, either for free or for pay. The government tolerated the practice unofficially, R OBINSON , supra note 1, at 11-12 (stating that carriage of private letters had begun, at least informally, by 1590); J OYCE , supra note 1, at 4 (“even in the reign of Elizabeth letters other than State letters had begun to be sent to the posthouses, and that such letters, if barely recognised, were yet not excluded”); L EWINS , supra note 1, at 34 (“During the reign of James none but the despatches of ambassadors were allowed to jostle the Government letters in

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Thomas Halper

I Introduction Americans may not be able to agree on the meaning of greatness when they discuss public figures, but it always seems to entail a strong urge for power. Lincoln’s willingness to sacrifice portions of the Constitution to save the whole system, Letter to Albert G. Hodges, April 4, 1864, A BRAHAM L INCOLN , 10 C OMPLETE W ORKS 66 (John Nicolay & John Hays eds. 1913). for example, or Lyndon Johnson’s stretching the reach of the Senate majority leader beyond anything that had existed before R OBERT A. C ARO , M ASTER OF THE S ENATE : T HE Y

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Adam J MacLeod

individuals and groups have freedom to pursue them. Contemporary equality architects seem to be simply unmindful of those considerations, and seem to pay little attention to the instantiation of those distinctions in private law. They would do well to pay better attention. A side effect of the over-pursuit of equality and non-discrimination is, as John Finnis observes, a “negative impact on established constitutional rights such as freedom of association, freedom of religion and conscience… a negative impact which in each case involves also a very substantial shrinking

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Nicholas P. Zinos

fundamental right by any early American court, although it certainly appeared in numerous State Constitutions and of course the Federal Constitution. It therefore comes as no surprise that Washington reiterated them when enumerating the fundamental rights of American citizens. If Washington had merely recited the general rights already found in the Declaration of Independence, however, later courts would not have taken much notice. The fact that he was willing to expand on his idea of privileges and immunities and give them a specific content ensured that later courts

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Jaemin Lee

within the “reasonable period of time”, or otherwise be subject to retaliation by a prevailing party. See U.S.-Korea Free Trade Agreement, supra note 1, art. 22.13.2; U.S.-Peru Trade Promotion Agreement, supra note 2, art. 21.16.2; U.S.-Colombia Trade Promotion Agreement, supra note 3, art. 21.16.2; U.S.-Panama Trade Promotion Agreement, supra note 4, arts. 20.14.3 and 20.15.2. One peculiar aspect of the remedy scheme of the four free trade agreements is the possibility of a losing party’s offering to pay a fine to the prevailing party in lieu of bringing