Law Commons^™

Did Expressions Hair Design V. Schneiderman Reconstitute The Bygone Lochner Era: How A New Case About Free Speech Is Like An Old Case About The Right To Contract, Jesse D. H. Snyder, Andrew F. Gann Jr.

South Carolina Law Review

No abstract provided.

Revisiting The Application Of Section 7 Of The Charter In Immigration And Refugee Protection, Gerald Heckman

Gerald Heckman

When The Pursuit Of Liberty Collides With The Rule Of Law, Rena Lindevaldsen

Faculty Publications and Presentations

In his 1979 article, Unspeakable Ethics, Unnatural Law, Arthur Leff argued that in the absence of a god-grounded ethical and legal system, “there cannot be any normative system ultimately based on anything except human will.” Stated differently, any human determination of what is moral that is separated from the unchanging moral standard of God is arbitrary and, likely, inconsistent. The difficulty with a human-will based system is that either each person is morally autonomous, in which case no government rules contradicting the individual's moral determination could be justified, or the will of the majority constitutes what is right, in which …

Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy

Northwestern Journal of Law & Social Policy

No abstract provided.

Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg

Roni M Rosenberg

The goal of this essay is to identify and discuss two aspects of liberty by examining the distinction between act and omission in criminal jurisprudence. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. Any act that causes death is grounds for a homicide conviction -- subject, of course, to the existence of the other elements necessary for establishing criminal liability, such as causation and mens rea. However, liability for death by omission is subject to the additional identification of a duty to act. In other words, the defendant …

Acs Spring Kick-Off Meeting, Cardozo American Constitution Society For Law And Policy

Flyers 2016-2017

No abstract provided.

Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein

Law School Blogs

No abstract provided.

Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Criminals, Classrooms, And Kangaroo Courts: Why College Campuses Should Not Adjudicate Sexual Assault Cases, Ashley Sarkozi

Loyola of Los Angeles Law Review

No abstract provided.

Review Of The Choice Theory Of Contracts, Nicolas Cornell

Reviews

This book aims to provide a new approach to thinking about the role of contract law in a liberal state. The fundamental idea is that the law should affirmatively facilitate citizens' autonomy by creating and sustaining various different types of contractual relationships so that citizens have the option to choose among them. The authors start from the idea that "bargaining for terms is not the dominant mode of contracting . . . the mainstay of present-day contracting is the choice among types" (2-3). We choose to relate as employees or independent contractors, married or just cohabiting, merchants selling goods or …

Rediscovering Liberty Of Contract: The Unnoticed Economic Right Contained In The Freedom Of Speech, Steven C. Begakis

Loyola of Los Angeles Law Review

The liberty of contract formation is a form of speech, and thus it is a right guaranteed by the First Amendment of the U.S. Constitution.This Article examines how the First Amendment secures the liberty of contract formation and analyzes how that liberty is supported by the U.S. Supreme Court’s commercial speech jurisprudence and by both originalist and traditionalist theories of Constitutional interpretation.

Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman

Marquette Law Review

Three philosophical rationales--search-for-truth, self-governance, and self-fulfillment--have animated discussions of free expression for decades. Each rationale emerged and attained prominence in American jurisprudence in specific political and cultural circumstances. Moreover, each rationale shares a foundational commitment to the classical liberal (modernist) self. But the three traditional rationales are incompatible with our digital age. IN particular, the idea of the classical liberal self enjoying maximum liberty in a private sphere does not fit in the postmodern information society. The time for a new rationale has arrived. The same sociocultural conditions that undermine the traditional rationales suggest a self-emergence rationale built on the …