Cases refine definition of federal powers: three significant decisions this term examined the appropriate role of a central government
Article Abstract:
The Supreme Court in its 1994-95 term ruled 5-4 on three important cases concerning the federal govt's authority and constitutional limits. In US v Lopez it found no constitutional authority for Congress to outlaw gun possession near schools, limiting the Commerce Clause's broad writ. In US Term Limits v Thornton it invalidated AR's efforts to keep past US senators and representatives off the ballot. In Adarand Constructors v Pena it applied to federal affirmative-action programs the same limits states face.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Lopez pops feds' ballooning powers
Article Abstract:
The recent US Supreme Court decision in US v Lopez correctly recognizes the trend to unlimited interpretation of the commerce clause, and makes the first effort to rectify that trend. Since 1937, when the Court's ruling in NLRB v Jones & Laughlin Steel broke with 150 years of tradition, the Court has deferred completely to the self-definition of congressional powers. The Lopez ruling is indeed radical and activist, in the best senses of each, and it is a vital step to restoring true federalism in the US.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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A Czech window on ethics
Article Abstract:
American attorneys helped their Czech colleagues develop the Czech Rules of Professional Conduct. These rules should be a model for the rest of Eastern Europe, are designed as a protection for clients and are in some respects more progressive than the American rules. The rules require the lawyers to have malpractice insurance to protect clients from bad service, ban attorney discipline for speech unconnected with conduct and have a relatively generous approach to foreign competition.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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