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this point a little further by showing that the pre-conditions of the political constitution are rarely taken into account …
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intertwined; a “moneyed aristocracy” or “economic royalists” may threaten the Constitution's democratic foundations. This Article … constitutionalism, the Progressives, and the New Deal. The Constitution meant different things to these movements in their respective … moments, but all understood the Constitution as including some form of commitment to a political economy in which power and …
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This essay revisits the theory of constitutional pluralism. This theory was first developed in the EU context as a way … in supranational jurisdiction around the time of the Maastricht Treaty 25 years ago. The essay argues that the theory of …
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In this article, Avi-Yonah argues that the global intangible low-taxed income regime may be an unconstitutional attempt to tax the foreign-source income of foreign entities, and he offers an alternative
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This Article is the first to systematically consider the Constitution’s identification, definition, and integration of … the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires … knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution …
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Recent federal healthcare legislation mandated that every “applicable individual” maintain healthcare insurance, and imposed (in new Internal Revenue Code section 5000A(b)) a penalty to enforce that mandate. In a recent paper titled Constitutional Decapitation and Healthcare, published in...
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