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Full-Text Articles in Law
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee B. Kovarsky
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee B. Kovarsky
Faculty Scholarship
The U.S. Reports contain no answer to a million-dollar question: are state prisoners constitutionally entitled to a federal habeas forum? The Supreme Court has consistently ducked the basic constitutional issue, and academic work on the question idles on familiar themes.
The strongest existing argument that state prisoners are constitutionally entitled to a federal habeas forum involves a theory of incorporation under the Fourteenth Amendment’s Due Process Clause. I provide a new and different account: specifically, that the Fourteenth Amendment’s Privileges and Immunities Clause (“PI Clause”) guarantees a habeas privilege as a feature of national citizenship, and that the corresponding habeas …
Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.
Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.
Faculty Scholarship
No abstract provided.
Government Endorsement: A Reply To Nelson Tebbe's Government Nonendorsement, Abner S. Greene
Government Endorsement: A Reply To Nelson Tebbe's Government Nonendorsement, Abner S. Greene
Faculty Scholarship
In this response to Nelson Tebbe’s Government Nonendorsement, Abner Greene continues to develop his “thick perfectionist” view of government speech, arguing that the state may use its speech powers to advance various views of the good, from left, center,