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Articles 1 - 17 of 17
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Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson
Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson
Katharine Jackson
This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.
Lgbt Rights And The Mini Rfra: A Return To Separate But Equal, Danielle Weatherby, Terri R. Day
Lgbt Rights And The Mini Rfra: A Return To Separate But Equal, Danielle Weatherby, Terri R. Day
Danielle Weatherby
Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld
Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld
Daniel L. Rubinfeld
Analyzes the provisions of the fifth amendment of the U.S. Constitution related to the regulatory takings and just compensation for private properties in the 1980s. Decision on the supreme court case Pennsylvania Coal Co. v. Mahon; Regulation of lower courts on regulatory takings; Provisions on compensation as insurance against regulatory takings.
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Kathryn Abrams
Discusses androcentrism and institutional reform in the military. Need to expose androcentism as a strategy for change; Courts' deference toward military policy.
Fourth Amendment Remedies As Rights: The Warrant Requirement, David Gray
Fourth Amendment Remedies As Rights: The Warrant Requirement, David Gray
David C. Gray
The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the Fourth Amendment support a warrant requirement. Also questioned is the warrant requirement’s ability to protect Fourth Amendment interests. Perhaps in response to these concerns, the Court has steadily degraded the warrant requirement through a series of widening exceptions. The result is an unsatisfying jurisprudence that fails on both conceptual and practical grounds.
These debates have gained new salience with the emergence of modern surveillance technologies such as stingrays, GPS tracking, drones, and Big Data. Although a majority of the Court …
James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum
James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum
Ian C Bartrum
This paper explores the moral philosophy underlying the constitutional doctrine of popular sovereignty. In particular, it focuses on the Scottish sentimentalism that informed James Wilson’s understanding of that doctrine. Wilson, a transplanted Scotsman, was perhaps the nation’s preeminent lawyer in the middle 1780s. He was one of the most important delegates to the Constitutional Convention, one of the nation’s first law professors, and served as Associate Justice on the first Supreme Court. In these capacities, he developed the most sophisticated and coherent account of popular sovereignty among the founding generation. My initial effort is to enrich our understanding of Wilson’s …
Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye
Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye
David Kaye
Some contemporary Congresses have lost sight of the original scope of their predecessors' assertions of privilege and now claim an absolute privilege to withhold both the originals and copies of subpoenaed papers. A few judicial opinions suggest as much or more. It is possible that even cursorily documented, ill-considered dicta can take root and flourish, and to prevent that, this article This article charts the constitutional boundaries of Congress' privilege to withhold its internal papers from judicial subpoena. It surveys the privileges expressly given Congress in the text of the Constitution as well as the privileges that might be implied …
Constitutional Theory In A Nutshell, Thomas E. Baker
Constitutional Theory In A Nutshell, Thomas E. Baker
Thomas E. Baker
No abstract provided.
A Constitutional Bibliography, Thomas E. Baker
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
Hezi Margalit
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known …
Constitutional Change And Wade's Ultimate Political Fact, Richard Kay
Constitutional Change And Wade's Ultimate Political Fact, Richard Kay
Richard Kay
Taking The Oceanfront Lot, Josh Eagle
Taking The Oceanfront Lot, Josh Eagle
Josh Eagle
Oceanfront landowners and states share a property boundary that runs between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the …
The Executive, Shubhankar Dam
The Executive, Shubhankar Dam
Shubhankar Dam
India has a parliamentary system. The President is the head of the Union of India; the Prime Minister is the head of government.1 Along with his or her cabinet, the Prime Minister is responsible to the Lower House of Parliament.2 States have similar arrangements. They are formally headed by Governors. But chief ministers and their cabinets lead the governments. Executive power, ordinarily, is exercised by the Prime Minister, chief ministers and their respective councils of ministers. However, in keeping with India’s Westminster inheritance, such power often vests in the formal heads, and is exercised in their names. This chapter offers …
Judicial Lobbying, Jonas Anderson
Judicial Lobbying, Jonas Anderson
J. Jonas Anderson
Can Dna Be Speech?, Jorge R. Roig
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones
Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones
Brian Christopher Jones
Although contemporary societies covet the notion of a written constitution, the UK still stands as one of the few jurisdictions not in possession such a single document. Yet recently there has been renewed discussion regarding whether the UK should draft its own constitution (or at least entrench some form of constitutional law). A recent House of Commons committee report thoroughly analysed this prospect, and many scholars and practitioners consider such a result inevitable. This piece argues that such a document should not be drafted, but if it is, it should surely not be called a "Constitution". Difficulties arise because over …