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Articles 1 - 5 of 5
Full-Text Articles in Law
Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman
Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman
Stacey R Jessiman
This March 1996 paper argues that the common law prohibition of same sex marriage violates rights protected by both the Charter and Human Rights legislation and is inappropriate in Canadian pluralistic modern society. First, this paper argues that the common law prohibition of same-sex marriage discriminates on the basis of sexual orientation and violates parties’ constitutional right to equality protected by s.15(1) of the Charter. Second, it argues that the common law rule violates s.7 of the Charter in that it encroaches on the right to liberty of same-sex partners by insulting their dignity as human beings. Third, it argues …
Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener
Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener
Stewart M. Wiener
Substantive due process protection of the property rights of landowners against arbitrary government decisionmaking is integral to the Due Process Clause of the Fourteenth Amendment. Federal courts have taken divergent paths in addressing the nature of the property interest required to state a substantive due process claim, and the standard by which arbitrary and capricious government conduct is evaluated. Under substantive due process, an allegation of arbitrary government conduct should be evaluated under a meaningful standard, rather than the unthinking deference of the rational basis test. Strong protection of property interests protects the civil rights of individuals, rather than protecting …
El Proyecto De Ley De Protección A La Libertad Personal (1849), Daniel Soria Luján
El Proyecto De Ley De Protección A La Libertad Personal (1849), Daniel Soria Luján
Daniel Soria Luján
No abstract provided.
In A Greener Voice: Feminist Theory And Environmental Justice, Robert R.M. Verchick
In A Greener Voice: Feminist Theory And Environmental Justice, Robert R.M. Verchick
Robert R.M. Verchick
This Article explores the way in which women activists--and the feminist strategies they contribute--help shape the meaning and pursuit of environmental justice. [FN8] It shows how methods associated with feminism have contributed to the movement's premier concerns for family safety and social equality and have prompted creative ways to identify and attack a broad range of environmental threats. The Article is divided into four parts. Part I briefly surveys the participation of women in the environmental justice movement and examines the reasons why so many women become involved in grassroots environmental struggles. Part II shows how the strategies and goals …
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
David B Kopel
Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.