Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Common Law, Common Ground, And Jefferson's Principle, David A. Strauss
Common Law, Common Ground, And Jefferson's Principle, David A. Strauss
Public Law and Legal Theory Working Papers
No abstract provided.
Culture And Government Money: A Guide For The Perplexed, Cass R. Sunstein
Culture And Government Money: A Guide For The Perplexed, Cass R. Sunstein
Public Law and Legal Theory Working Papers
Constitutional limits on government’s power to regulate the culture and the arts, newly salient in light of the controversy involving the Brooklyn Museum, are best understood by distinguishing among (a) content-neutral, (b) content-based, and (c) viewpoint-based restrictions, and also among (a) criminal and civil sanctions, (b) “penalties,” and (c) mere failure to fund. The resulting three-by-three matrix provides an understanding of the vast bulk of current constitutional law. At the same time, several serious puzzles are created by current law: the distinction between viewpoint discrimination and content discrimination can be thin in the context of art; it is hard to …
Without Peers? The Blind Spot In The Debate Over How To Allocate Educational Control Between Parent And State, Emily Buss
Public Law and Legal Theory Working Papers
No abstract provided.