Digital Commons Network^™

The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii

University of Colorado Law Review

No abstract provided.

First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal

Lawrence Rosenthal

Scholars have struggled to explain our sprawling First Amendment doctrine – once described by Justice Stevens as “an elaborate mosaic of specific judicial decisions, characteristic of the common law process of case-by-case adjudication.” The position that has gained the most traction in recent scholarship has stressed the primacy of governmental motive – this school of thought argues that the degree of scrutiny to be afforded a challenged regulation is based on an assessment of the likelihood that the regulation reflects a governmental motive to burden disfavored speech or speakers.

This article offers a challenge to the purposivist account. It begins, …

Section 1983 In The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.

The Constitution And The Subgroup Question, Martha Minow

Indiana Law Journal

Presented on Nov. 18, 1994, Indiana University School of Law-Bloomington as the 1994 Harris Lecture.

The Constitutionality Of Redlining: The Potential For Holding Banks Liable As State Actors, Joan Kane

William & Mary Bill of Rights Journal

No abstract provided.