Articles

Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims Rights Act

I. Introduction II. The Missing Victims Of Crimes A. The Victim's Absence From The Current Federal Criminal Rules B. The Victims' Rights Movement C. The Crime Victims' Rights Act III. The Need To Place Victims' Rights In The Rules IV. Proposed Amendments To The Federal Rules Of Criminal Procedure To Implement The CVRA Rule 1-Definition Of "Victim" Rule 2-Fairness To Victims In Construction (New) Rule 10.1-Notice Of Proceedings For Victims Rule 11(A)(3)-Victims' Views On Nolo Contendere Pleas ...

The Presidency and the Meaning of Citizenship

I. Introduction II. The Natural-Born Citizen Clause A. Natural-Born Citizen: The English Tradition B. The Origins Of The Natural-Born Citizen Clause C. Attempts To Change The Natural-Born Citizen Clause 1. Early Attempts To Further Restrict Eligibility 2. Post-Civil War Attempts To Expand Eligibility 3. Civil Rights Era Attempts To Change Eligibility 4. Kissinger For President? 5. Current Proposals To Change Presidential Eligibility 6. Summary III. The Meaning Of Citizenship A. Legal Status O...

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Substantially Deferring To Revenue Rulings After Mead

I. Introduction II. Revenue Rulings III. Deference To Administrative Agency Applications Of Law And Specifically To Irs Revenue Rulings A. Pre-Chevron Treatment Of Revenue Rulings B. Chevron 1. The Decision 2. Revenue Rulings Under Chevron C. Christensen And Mead 1. The Decisions 2. Resurrecting Skidmore D. Current Lower Court Treatment Of Revenue Rulings IV. According Substantial Deference To Revenue Rulings After Mead A. Stripping Revenue Rulings Of Any Deference With Skidmore B. Substantia...

Checks And Balances On The Fifth Branch Of Government: Colorado Environmental Coalition V. Wenker And The Justiciability Of The Federal Advisory Committee Act

I. Introduction II. Background On The APA And FACA A. Justiciability Of Agency Actions Under The APA 1. Foreclosure Of Judicial Review In The APA 2. How The Courts Have Approached Non-Reviewability Under The APA B. A Brief Overview Of FACA C. Justiciability Of FACA Provisions Under The APA III. Colorado Environmental Coalition v. Wenker A. The Facts B. The Procedural Setting C. The Tenth Circuit's Holding IV. Analysis A. Why Judicial Review Best Effectuates Congressional Intent 1. The Legisla...