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Articles 421 - 431 of 431
Full-Text Articles in Entire DC Network
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Faculty Scholarship
In this Article, I contend that First Amendment principles dictate a presumption against legislation that is based on predictive harms, but that the presumption will be overcome if a court independently determines that there is a likelihood of irreparable harm. Part I briefly discusses the level of harm required to justify legislation that infringes upon First Amendment rights. Part II turns to proactive legislation, giving some examples of predictive harms. Part III describes the Supreme Court's responses to legislative findings in the First Amendment context, and Part IV discusses the difference between predictive harms and other legislative findings. Part V …
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Vicarious Liability: Relocating Responsibility For The Quality Of Medical Care, Clark C. Havighurst
Vicarious Liability: Relocating Responsibility For The Quality Of Medical Care, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Beyond The Smokestack: Environmental Protection In The Service Economy, James Salzman
Beyond The Smokestack: Environmental Protection In The Service Economy, James Salzman
Faculty Scholarship
When our pollution control statutes were drafted in the 1970s, smokestack sources sat squarely in these laws' regulatory cross hairs. Over the past few decades, however, manufacturing's relative importance has declined while the service sector has ascended to a position of dominance in America's economy. Yet consideration of services remains almost entirely absent from environmental law and policy scholarship. In this Article, Professor James Salzman addresses the implications for environmental protection of the service sector's ascent. Commentators have suggested that the ascent of services provides an important path toward sustainable development. In Part I of this Article, Salzman examines the …
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler
Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler
Faculty Scholarship
An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.
This paper attempts to provide a …
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Faculty Scholarship
Commentary on, Akhil Reed Amar, Intratextualism, 112 Harvard Law Review 747 (1999).
International Law And The American National Interest, Michael Byers
International Law And The American National Interest, Michael Byers
Faculty Scholarship
No abstract provided.
Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler
Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler
Faculty Scholarship
Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …
Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler
Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler
Faculty Scholarship
Reviewing, Richard A. Posner, The Problematics of Moral and Legal Theory (1999)