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11 Aug 2011, 6:41 am
I argue that the evidence does not support these historical claims.In his last post, Neil Siegel focuses on some of my arguments and concludes that they are either unpersuasive or relatively unimportant. [read post]
10 Aug 2011, 12:18 pm
(iii) The phrase any person not being the accused occurring in Section 319 does not exclude from its operation an accused who has been released by the police under Section 169 of the Code and has been shown in Column 2 of the charge-sheet. [read post]
10 Aug 2011, 10:46 am
Finally, even putting aside all of the above, this episode does not show that the Convention rejected the relevance of the structural principle expressed in Resolution VI to subsequent interpretation of the enumerated powers in Section 8. [read post]
10 Aug 2011, 8:50 am
Whatever it is, it is not Resolution VI and Wilson does not claim that it is.Scholars have simply assumed Wilson was referring to Resolution VI, even as they noticed that Wilson’s principle seemed somewhat different than Resolution VI (as does Jack Balkin, for example). [read post]
9 Aug 2011, 12:45 pm
And, of course, the Commerce Clause must be read against the backdrop of Resolution VI, which resolved to draft a Constitution that gave the national government sufficient power to address issues of federal concern. [read post]
9 Aug 2011, 6:54 am
Collective action federalism does not resolve disagreements over this question. [read post]
8 Aug 2011, 12:39 pm
In answering (v) and (vi), the examiner should seek the advice of his manager in consultation with local counsel. [read post]
8 Aug 2011, 8:04 am
As they put it, only by doing so “does the Commerce Clause effectuate the Framers’ direction that Congress should have authority to ‘legislate in all Cases for the general Interests of the Union, and also in those Cases to which the States are separately incompetent, or in which the harmony of the United States may be interrupted by the Exercise of individual Legislation. [read post]
8 Aug 2011, 6:58 am
The delegates apparently grasped the link between the general principles stated in Resolution VI and the specific powers conferred in Section 8. [read post]
7 Aug 2011, 8:01 pm
In either case it does not attract the doctrine of merger. [read post]
6 Aug 2011, 9:40 pm
The theory of collective action federalism reads the clauses of Section 8 as giving the federal and state governments the power to do what each does best.I’m much looking forward to both Prof. [read post]
6 Aug 2011, 1:10 pm
Saiyed Mohmad Mirasaheb Kadri & Others (1987) 3 SCC 538, this Court held that in a case where a tenant becomes a partner of a partnership firm and allows the firm to carry on business in the demised premises while he himself retains legal possession thereof, the act of the landlord does not amount to subletting. [read post]
5 Aug 2011, 11:41 am
The proper analysis is therefore to regard the arbitrator’s contract as a sui generis agreement specifying the terms on which this adjudicative function is to be exercised vis-à-vis particular parties and on particular terms. [read post]
5 Aug 2011, 6:26 am
First, some examples from domestic case law will demonstrate the methodological approach taken vis-à-vis the interaction between the ECHR and the exception clause of ordre public). [read post]
5 Aug 2011, 2:15 am
It should not affect your judgment vis a vis your advice and opinions rendered to your client, nor should you try to influence the judgment and opinions of a judge in a pending matter. [read post]
4 Aug 2011, 12:56 pm
” Nor does the activity/inactivity distinction withstand careful scrutiny as a principle of constitutional law. [read post]
4 Aug 2011, 8:43 am
Chapter VI of Mulla's "Principles of Mahomedan Law" deals with the general rules of inheritance under Mohammedan law. [read post]
3 Aug 2011, 8:54 am
Should the non-debtor spouse predecease the debtor spouse, then the judgment creditor will take ownership of the property vis-a-vis ownership of the debtor spouse's right of survivorship. [read post]
3 Aug 2011, 6:05 am
ARTICLE VI: ENFORCEMENT PROVISIONS … Section 2. [read post]
2 Aug 2011, 3:03 pm
Article 5(2) of the 1998 Rome Statute mandated states parties to determine the conditions for the exercise of ICC jurisdiction vis-à-vis the crime of aggression. [read post]
