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Rethinking the Commerce Clause: arson rulings illustrate lower court quandary over congressional power

Article Abstract:

The US Supreme Court's Apr 26, 1995, ruling finding a limit on Congress's powers under the Constitution's commerce clause has set the stage for disagreement in the lower courts on where those powers end. Signaling a potential split, the 7th and 9th circuits reached opposite conclusions in similar arson cases based on a subtle distinction. In US v Pappadopoulos, the 9th Circuit agreed that the commerce clause does not let Congress outlaw arson of a domicile. The 7th Circuit held otherwise in the case of a rental apartment building.

Author: Podgers, James
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Cases, Arson, Exclusive and concurrent legislative powers, Preemption (Legislative power), Commerce clause (United States. Constitution), states

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Helping keep a peace: CEELI volunteers have quiet impact on truce in former Yugoslavia

Article Abstract:

Three attorneys from the US have volunteered their services for summer 1997 to the war crime tribunal for former Yugoslavia as part of the ABA's Central and East European Law Initiative. These attorneys are analyzing reports of alleged war crimes to determine whether the case has reasonable grounds for prosecution under international law. This effort works to avoid charges that a whole ethnic group is being targeted.

Author: Podgers, James
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
Analysis, Attorneys, Military aspects, Yugoslavia, Legal specialization, War crimes

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Feeling the squeeze; commission appointed to assess threat from accountants

Article Abstract:

ABA Pres Philip Anderson announced at the 1998 Annual Meeting the formation of the Commission on Multidisciplinary Practice, which reflects growing concerns within the profession about accountants' incursion into areas long considered the exclusive province of attorneys. Rules against the unauthorized practice of law have long kept nonlawyers from offering legal services in the US.

Author: Podgers, James, Gibeaut, John
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
Management, Multidisciplinary law firms

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Subjects list: United States
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