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Full-Text Articles in Law
Federal Courts & Federal Rights, Gordon G. Young
Federal Courts & Federal Rights, Gordon G. Young
Gordon G. Young
No abstract provided.
Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young
Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young
Gordon G. Young
No abstract provided.
Comment: Seminole Tribe V. Florida, Gordon G. Young
Comment: Seminole Tribe V. Florida, Gordon G. Young
Gordon G. Young
No abstract provided.
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Gordon G. Young
No abstract provided.
The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young
Gordon G. Young
No abstract provided.
Justifying Motive Analysis In Judicial Review, Gordon G. Young
Justifying Motive Analysis In Judicial Review, Gordon G. Young
Gordon G. Young
Motives concern us in ordinary life and in the law of torts and crimes, and that concern is justified by consequentialist ethics. Despite occasional judicial protestations, motive analysis pervades large parts of constitutional law. Illegitimate motives aimed at suspect classes, or "designed to strike" at any number of rights identified as fundamental, presumptively invalidate the official actions that they animate. The consequentialist arguments for the use of motive review in this class of cases are relatively simple. Such illegitimate official motives tend to cause bad distributions of tangible benefits and burdens, or cause direct cognitive or emotional harm to the …