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Mill's Theory Of Liberty In Constitutional Interpretation, Wilson Ray Huhn
Mill's Theory Of Liberty In Constitutional Interpretation, Wilson Ray Huhn
Akron Law Review
I wish to apply Justice Thompson's discussion of the nature of liberty in a more general context in addressing fundamental questions of constitutional interpretation. Justice Thompson's essential inquiry is, "Should the enforcement of morals be the concern of the law?" I take the liberty of slightly rephrasing that question: "Is the enforcement of traditional moral norms per se constitutional?" I suggest that the answer to this question is "no." Courts and scholars have often confused our moral traditions with our traditions of liberty and equality. My central premise is that it is for the legislature to enact morality into law, …
Off Duty, Off The Wall, But Not Off The Hook: Section 1983 Liability For The Private Misconduct Of Public Officials, Douglas S. Miller
Off Duty, Off The Wall, But Not Off The Hook: Section 1983 Liability For The Private Misconduct Of Public Officials, Douglas S. Miller
Akron Law Review
The language quoted in the previous paragraph, employing as it does the metaphor of causation, represents one model for determining when a person has acted under color of law. Other models have also been used. In Part II of this Article, I note briefly the inconsistency of outcome that has marked this area, and identify the various models used, relying in part on the efforts of other commentators to describe the models that might be available from a theoretical standpoint. In the course of identifying these models, I note that many, if not all, lack authority either in the history …