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Articles 1 - 5 of 5
Full-Text Articles in Law
Outfoxed: Pierson V. Post And The Natural Law, Josh Blackman
Outfoxed: Pierson V. Post And The Natural Law, Josh Blackman
Josh Blackman
Think back to first year property class. You are a bright-eyed 1L, and one of the first cases you read deals with hunting foxes on the beaches of Long Island, New York. The fact pattern seems obscure enough, but Pierson v. Post is the seminal case used to teach generations of law students about the acquisition of property. The interest in Pierson has recently been reinvigorated thanks to the uncovering of the original record of this case. Last year the Law and History Review dedicated an entire issue to this famous foxhunt. The holding in Pierson v. Post has been …
This Lemon Comes As A Lemon. The Lemon Test And The Pursuit Of A Statute’S Secular Purpose., Josh Blackman
This Lemon Comes As A Lemon. The Lemon Test And The Pursuit Of A Statute’S Secular Purpose., Josh Blackman
Josh Blackman
Lemon is a curious fruit. The Lemon Test, derived from Lemon v. Kurtzman, is a three-pronged test to determine whether a government action violates the Establishment Clause of the First Amendment. This article will focus on the first prong of the Lemon Test, which queries whether a statute has a “secular purpose.” While many other articles have focused on the secular aspect of this prong, few have considered what exactly purpose means. Before piercing the citric skin of the purpose prong of the Lemon test, I consider intentionalism and purposivism as jurisprudential schools of thought. What is the purpose behind …
Youngstown’S Fourth Tier. Is There Zone Of Insight Beyond The Zone Of Twilight?, Josh Blackman, Elizabeth Bahr
Youngstown’S Fourth Tier. Is There Zone Of Insight Beyond The Zone Of Twilight?, Josh Blackman, Elizabeth Bahr
Josh Blackman
Justice Jackson’s tripartite analysis in Youngstown Sheet & Tube serves as the seminal framework to resolve national security and separation of powers issues. Examining national security and separation of powers cases that have employed the flexible and functionalist Youngstown framework yields a curious, and previously unidentified revelation. This article addresses this irregularity, and explains how in fact the Supreme Court has adopted an implied fourth tier of Youngstown. In some cases, the Supreme Court ostensibly applied the Youngstown framework, yet the Court’s analysis cannot be reasonably pigeonholed into one of the three tiers. Thus, the Court has implicitly recognized a …
Taking The Home Of A Class Of One And The Path Of Least Resistance: How The Equal Protection Clause And Village Of Willowbrook V. Olech Can Protect Homeowners From Eminent Domain Abuse, Josh Blackman
Josh Blackman
In the landmark case of Kelo v. City of New London, the Supreme Court held that the government can use the power of eminent domain to take a person’s home for the purpose of private development that can perhaps improve the community’s economy. This case dealt a deathblow to property rights, and made challenging eminent domain takings for private development under the Fifth Amendment a daunting, if not impossible task. Because eminent domain takings disproportionately fall on poor, uneducated, minorities who lack access to the political process, Kelo greatly impacted the ability of the weakest parts of society to keep …
Omniveillance, Privacy In Public, And The Right To Your Digital Identity: A Tort For Recording And Disseminating An Individual’S Image Over The Internet, Josh Blackman
Josh Blackman
Internet giant Google recently began photographing American streets with a new technology they entitled Google Street View. These high-resolution cameras capture people, both outside, and inside of their homes, engaged in private matters. Although the present iteration of this technology only displays previously recorded images, current privacy laws do not prevent Google, or other technology companies, or wealthy individuals, from implementing a system that broadcasts live video feeds of street corner throughout America. Such pervasive human monitoring is the essence of the phenomenon this Article has termed omniveillance. This threat is all the more realistic in light of projected trends …