Is Mahatma Gandhi

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Date of publication: 2017-09-01 06:52

Nearly every state uses tax incentives to attract local investment. Do such incentives discriminate against interstate commerce in violation of the dormant Commerce Clause? The Supreme Court now confronts this question in DaimlerChrysler Corp. v. Cuno (oral arguments on March 6). If the Court takes an expansive view of what constitutes discrimination against interstate commerce, its decision could reshape the state tax policy landscape. Europe has already moved in this direction, and the problem…

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This case involved the defendant company who produced and advertised smoke balls as a preventative measure against influenza and the common cold. The advertisement stated that they would give £ 655 to anyone who used the product for three times a day for two weeks but still contracted one of these illnesses. The defendant also stated that they had placed £ 6,555 in a bank account to demonstrate their sincerity. Suffice to say that the claimant took up the challenge and after roughly 8 weeks of continuous use she contracted the flu. Mrs. Carlill claimed the £ 655 but the defendant refused to pay they claimed that there was no contract in place for her to enforce the claim.

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When journalists write their stories about state ballot propositions in the 7556 election, they likely will focus on South Dakota’s abortion rights referendum, Michigan’s affirmative action measure, or the variety of eminent domain measures reacting to the Supreme Court’s Kelo decision. But there’s also a story about measures that courts have kept off the ballot in a misguided effort to protect voters from making hard or bad choices. In this short essay, I argue that states should repeal…

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In this Essay, Professor Matthew Waxman argues that debates about constitutional war powers neglect the critical role of threats of war or force in American foreign policy. The recent Syria case highlights the President’s vast legal power to threaten military force as well as the political constraints imposed by Congress on such threats. Incorporating threats into an understanding of constitutional powers over war and peace upends traditional arguments about presidential flexibility and congressional checks—arguments that have failed to keep pace with changes in American grand strategy.

Jonathan Masur’s argument regarding “ Patent Inflation ” rests on the assumption that PTO behavior is determined almost entirely by a desire to avoid reversal of its patent denials by the Federal Circuit. Although the . Patent and Trademark Office (PTO) is certainly a weak agency over which the Federal Circuit has considerable power, Masur overestimates the extent to which high-level PTO administrators are concerned about Federal Circuit reversals and underestimates institutional influences that are likely to operate in a deflationary direction. The PTO is influenced not only by the Federal Circuit and other inflationary forces, but also by executive branch actors, industry players, and workload concerns that push in a deflationary direction.

The Supreme Court in Lawrence v. Texas held that same-sex couples have a constitutional right to engage in sexual intimacy, free of regulation by the state. It seems to me that Mr. Greene ignores the actual rationale underlying the substantive due process ruling in Lawrence v. Texas—the rationale that was expressly set forth by Justice Kennedy and found strong support in prior case law—in order to posit a different rationale that he then finds problematic as applied to the death penalty. Thi…

At the margins, the current Federal Sentencing Guidelines for fraud and other white-collar offenses are too severe. Even when a corporate leader has engaged in massive fraud affecting thousands of people, such as what occurred at Enron, sentences of twenty or more years hardly seem necessary to satisfy the traditional sentencing goals of specific and general deterrence—or even retribution. But we disagree with Professor Podgor’s essay Throwing Away the Key to the extent it contends that whit…

How much difference does the mechanism of framing make to global regulatory outcomes? Structural explanations of regulatory globalization that are rooted in state power and self-interest would dismiss the explanatory value of framing. Put simply, words are cheap and do not matter to the final outcomes of globalization. In her recent article, Amy Kapczynski challenges these structural explanations, asserting that the theory of framing offers a better account of the politics of intellectual proper…

“City” and “suburb” as they were known and debated in the twentieth century are no more. Increasingly, the key urban unit in metropolitan America is the region. Robert Bruegmann’s Sprawl: A Compact History, a chronicle of the melding of city and suburban land use patterns, illustrates this development. Joel Kotkin’s The City: A Global History, which expresses concern about the loss of traditional urban distinctiveness, also reflects this. In her review of both books, Nicole Stelle Ga…

The fourth paragraph is somewhat damaging to the author when we learn, &ldquo I spent one year at a college where I did not belong and two years taking classes irrelevant for my major.&rdquo The admissions committee will wonder: Why didn&rsquo t you belong at that college? Why did you take random classes for two years? Can you be trusted to maintain your focus in law school? The word play at this point waffles between clever and stale. This statement would do better to begin and end with the verbal play, but to have a solid paragraph or two in the middle of personal narrative, in which the admissions committee really get to know the person behind this rhetorical show.

Which President was advised by his lawyers that he had the constitutional authority to refuse to comply with federal statutes enacted by Congress? Which President also openly violated a federal statute in the exercise of his Commander-in-Chief power? The answer is not George W. Bush, but Bill Clinton. Like every modern President, Clinton defended his inherent and exclusive constitutional powers as Commander in Chief from congressional interference. Yet no legal argument has provoked more outrage…

Introduction The remarkable rise in dictionary usage by the Supreme Court since the mid-6985s has been a subject of considerable scholarly and media interest. We published an article in November 7568 that explored the Court’s new dictionary culture in depth from empirical and doctrinal In a Yale Law Journal Note one year later, John Calhoun embraced some of our findings, criticized others, and—importantly—broadened the inquiry to identify a sizeable gap in over…

Claims that the Constitution prohibits business licensing requirements have proliferated in recent years. The . Court of Appeals for the District of Columbia Circuit recently concluded that a District requirement that tour guides obtain business licenses violated the First Amendment. The Sixth Circuit likewise held that a licensing scheme for funeral directors violated due process and equal protection under the Fourteenth Amendment. These cases mark a sea change in the treatment of economic liberty claims both by the courts and in . legal culture.

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