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Seth Barrett Tillman

, 143 (2009) (asserting that “[t]he President occupies an ‘Office under the United States’” and denominating that position the “conventional wisdom”); Zephyr Teachout, The Anti-Corruption Principle , 94 C ORNELL L. R EV . 341, 366 (2009) (“Foreign corruption of the Executive was a concern as well, as we saw in the Foreign Gifts Clause [which uses ‘office . . . under the United States’ language].”); infra note 14 (collecting multiple statements by former Attorney General Mukasey asserting the legal populist position); cf . S AIKRISHNA B ANGALORE P RAKASH , I

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James E. Pfander

’s standing jurisprudence, this Essay begins with a brief sketch of the law as of the date he arrived on the Court. Next, the Essay describes the many consequential changes the Justice made to standing law. Finally, the Essay evaluates those changes in light of the evidence we can collect about the likely original meaning of Article III of the Constitution. After concluding that Justice Scalia could not justify his standing decisions by reference to his own originalist precepts, the Essay shows that the jurisprudential style or method in his opinions most closely resembles

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Robert G. Natelson

clients and continued to collect his postal salary. The truant’s name was Benjamin Franklin. This narrative of fault in an otherwise-revered American Founder is but one illustration of how inquiry into the Postal Clause offers unusual perspectives on the Constitution, on the framers who wrote it, and on the ratifiers who adopted it. The Postal Clause itself is distinctive in several ways. It appears to convey two powers: establishing post offices and establishing post roads. Inquiry reveals that it created a single sweeping power: erecting and operating a national

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John C. Domino

OMMENTARIES ON THE L AWS OF E NGLAND 361. The pecuniary interest standard was applied not only where the outcome of a case directly affected the judge’s purse but also where a judge might collect a monetary fine that he had the power to impose or might benefit indirectly, for example, as a taxpayer. The problem of course then was that if a judge could potentially be disqualified on the grounds of being a taxpayer, many lawsuits could not be decided especially where there were few (or only one) judges in a sparsely populated area. Judicial disqualification in the

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Ewan McGaughey

as it would in company law. Fascism was never content until it thrust its pathological paranoia onto every association, even clubs for playing chess and collecting stamps. Karl Robert (a pseudonym), Hitler’s Counterfeit Reich, 27-28 (1941). The consequence of this self-contradictory, psychotic ideology was conquest and murder: “an aggressive imperialist system seeking to transform markets into colonies.” Franz L. Neumann, Labor Mobilization in the National Socialist New Order, 9(3) Law & Contemp. Probs. 544, 546 (1942). It was not ended from within, only

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Phoenix X. F. Cai

, Sungjoon Cho & Claire R. Kelly, Promises and Perils of New Global Governance: A Case of the G20 , 12 Chi. J. Int’l L. 491, 497 (2012) (collecting literature on multilateral treaty failures and identifying why treaties are ineffective at coordinating global financial regulations and advocating for regulatory networks supervised by the G20). negotiators are loath to curtail their flexibility by making meaningful commitments, See id . at 498. and treaties are often concluded with numerous reservations and exceptions that hamstring their effectiveness. See id . at 497. A

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Thomas Halper

powers: to lay and collect taxes, to regulate foreign and interstate commerce, to coin money, and so on. At the end of the long list, the Constitution grants Congress the power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” Supra note 25, at art. I, sec. 8, cl. 18. Marshall seizes the word “necessary,” making it central to his argument. He reasons that “necessary . . . admits of all degrees of comparison,” which he construes as not unduly burdening the practical workings of government. If Congress believes it

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Jared Schroeder

share a single reality regarding the world around them. Id . In relation to this matter, he contended that individuals use their experiences to determine what is true. As a person encounters information in his or her daily life, he or she does not stop to verify each item. Instead, people rely on a bank of experiences, which collect to form reality. James conceptualized truth as “a collective name for verification processes, just as health, wealth, and strength, etc., are names for other processes connected with life, and also pursued because it pays to pursue them

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Melissa Hamilton

Article reports an original study using a sophisticated empirical modeling strategy to explore decisionmaking in criminal penalties. More specifically, the study is of discretionary upward departure outcomes in the federal sentencing system. A focus on criminal justice research specifically at the federal level is meaningful for several key reasons. In contemporary times, federal authorities act as a role model in the administration of justice. [The federal government] provides resources, collects and develops best practices, and serves as the communicator and

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Bruce M. Owen

, Tudor, and earlier royal favorites who were granted such concessions as the right to collect customs duties at a British port of entry. Elites succeed today by providing elected officials with financial and other support, by foregoing such aid to rival candidates, hiring appointed officials after they leave office, and providing all officials with substantive resources crucial to the legislative or rule-making process. In consequence, of course, organized interests threatened by rivals are obliged to defend themselves in like fashion. The goals of elite interests