Issue 4 - May 2008 Congress Giveth, and the Courts Taketh Away: Is Restitutionary Recoupment of Federal Funds a Proper Remedy When Taxpayers Allege that an Expired Statute Violated the Establishment Clause?

Congress Giveth, and the Courts Taketh Away: Is Restitutionary Recoupment of Federal Funds a Proper Remedy When Taxpayers Allege that an Expired Statute Violated the Establishment Clause?

The Seventh Circuit recently held in Laskowski v. Spellings that grantees of government funding can be forced by taxpayers to give grant money back to the federal government when the grant has allegedly violated the Establishment Clause – even when the grant statute expired years ago, the funds have long since been spent, and the …

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Issue 4 - May 2008 Back to the Basics: Looking Again to State Constitutions for Guidance on Forming a More Perfect Vice Presidency

Back to the Basics: Looking Again to State Constitutions for Guidance on Forming a More Perfect Vice Presidency

Years of thought, several volumes of text, and dozens of articles such as this one have been dedicated to the American vice presidency.’ In fact, most of the literature on this topic was produced in the last half century. While each work has had its own particular focus and purpose, collectively there have been several …

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Issue 4 - May 2008 For Whom the Little Bells Toll: Recent Judgments by International Tribunals on the Legality of Cluster Munitions

For Whom the Little Bells Toll: Recent Judgments by International Tribunals on the Legality of Cluster Munitions

“Little bells” refer to cluster bomblets in Serbo-Croatian. Two international tribunals recently have found defendants liable for civilian deaths caused by cluster munitions. These decisions may herald a turning point in the regulation of these weapons. In 2004, the Eritrea-Ethiopia Claims Commission held Eritrea liable for civilians killed in cluster munition strikes on Mekele, Ethiopia. …

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Issue 4 - May 2008 The Practical Effects of Delegation: Agencies and the Zoning of Public Lands and Seas

The Practical Effects of Delegation: Agencies and the Zoning of Public Lands and Seas

Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted not to exercise it or have been extremely hesitant to do so. The tepid administrative response …

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Issue 3 - April 2008 Diversity as a Dead-End

Diversity as a Dead-End

In January 2007, pictures surfaced on the Internet of a party hosted by a group of law students at the University of Connecticut. The posted pictures were not flattering. While the students were doing nothing illegal, the behavior depicted in the photographs is hardly reflective of the type of conduct one would expect from future …

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Issue 3 - April 2008 Retaining Diversity in the Classroom: Strategies for Maximizing the Benefits that Flow from a Diverse Student Body

Retaining Diversity in the Classroom: Strategies for Maximizing the Benefits that Flow from a Diverse Student Body

In Grutter v. Bollinger, the United States Supreme Court addressed the issue of whether diversity is a sufficiently compelling government interest to justify an affirmative action program that considered race and ethnicity in allocating law school admission offers. The Court determined that diversity was a compelling interest, resolving the conflict in the federal circuits on …

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