Law Commons^™

Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin

Cornell Law Faculty Publications

Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb

Cornell Law Faculty Publications

American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …

How To Prevent Another Larsen Affair, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Metaphor And Method: How Not To Think About Constitutional Interpretation, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein

Scholarly Works

One of the more perplexing questions that has surfaced from time to time in the state tax field is how a constitutionally benign tax incentive program designed to attract industry to a state is to be distinguished from an unconstitutionally discriminatory taxing scheme that “forecloses tax-neutral decisions” and “provides a direct commercial advantage to local business.” On one hand, the U.S. Supreme Court has expressed the view that its decisions do “not prevent the States from structuring their tax systems to encourage the growth and development of intrastate commerce and industry.” On the other hand, the Court has frequently invalidated …

We The Exceptional American People, James E. Fleming

Faculty Scholarship

I. INTRODUCTION: "AMERICAN EXCEPTIONALISM" There is an academic movement afoot-one with a long historical pedigree-to attribute the vitality of the American constitutional order to "American exceptionalism." The most prominent representative of this school of thought is Bruce Ackerman, whose We the People opens with a jeremiad against the "Europeanization" of American constitutional theory and urges us as Americans to "look inward" to rediscover our distinctive patterns, practices, and ideals.2 He maps the terrain of theory as being divided into monists ("Anglophiles"), rights foundationalists ("Germanophiles"), and dualists (red-blooded Americans).3 Only dualists have the "strength" to declare our American independence from British …

Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

When former Arkansas state employee Paula Jones filed her complaint against Bill Clinton she joined a small group of women who have publicly accused men in high-profile positions of sexual harassment.

A classic "he said, she said" story? We may never know, if the president is able to argue successfully that his office shields him from liability for actions occurring prior to assuming it. On June 27, his lawyer, Robert Bennett, asked a federal court to delay action, and said he would be filing a separate motion in August on the issue.

The defense is based on the 1982 case …

The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin

Cornell Law Faculty Publications

Double Jeopardy, The Federal Sentencing Guidelines, And The Subsequent-Prosecution Dilemma, Elizabeth T. Lear

UF Law Faculty Publications

The choice to embrace a real-offense regime probably constitutes the single most controversial decision made by the Federal Sentencing Commission in drafting the Federal Sentencing Guidelines ("Guidelines"). Real-offense sentencing bases punishment on a defendant's actual conduct as opposed to the offense of conviction. The Guidelines sweep a variety of factors into the sentencing inquiry, including criminal offenses for which no conviction has been obtained. Under the Guidelines, therefore, prosecutorial charging decisions and even verdicts of acquittal after jury trial may have little impact at sentencing.

Long before the adoption of the Guidelines, courts bent on rationalizing the real-offense regime devised …

Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

11 pages.

Contains 3 pages of references.

Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

13 pages (includes 1 illustration).

Includes unsigned annotations by David Getches.

Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

43 pages.

Contains references.

Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

42 pages (includes illustrations and map).

Contains endnotes.

Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains footnotes.

Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.

Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages (includes 1 map).

Contains footnotes.

Mining Regulation And Takings, Mark Squillace

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains footnotes.

The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

Mining Regulation(S) And Takings, Lawrence G. Mcbride

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

Contains footnotes.

Mining Regulation And Takings, L. Thomas Galloway

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

6 pages.

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

The Endangered Species Act And Constitutional Takings, Robert Meltz

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

18 pages.

Contains references.

Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.

“Takings” And The Endangered Species Act, Oliver A. Houck

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

3 pages.

The Law Of Takings: An Introduction: Property, Takings And The Evolution Of Resource Regulation, Carol M. Rose

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.

Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

City Of Tigard And Takings Law, Richard D. Lazarus

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains 1 page of references.

Takings And Retroactivity, Jan G. Laitos

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.

Contains references.