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Full-Text Articles in Law
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
Faculty Scholarship
No abstract provided.
How Much Autonomy Do You Want?, Maimon Schwarzschild
How Much Autonomy Do You Want?, Maimon Schwarzschild
Faculty Scholarship
No abstract provided.
The Semiotics Of Film In Us Supreme Court Cases, Jessica Silbey, Meghan Hayes Slack
The Semiotics Of Film In Us Supreme Court Cases, Jessica Silbey, Meghan Hayes Slack
Faculty Scholarship
This chapter explores the treatment of film as a cultural object among varied legal subject matter in US Supreme Court jurisprudence. Film is significant as an object or industry well beyond its incarnation as popular media. Its role in law – even the highest level of US appellate law – is similarly varied and goes well beyond the subject of a copyright case (as a moving picture) or as an evidentiary proffer (as a video of a criminal confession). This chapter traces the discussion of film in US Supreme Court cases in order to map the wide-ranging and diverse relations …
Neoliberal Constitutionalism: Lochnerism For A New Economy, Jedediah S. Purdy
Neoliberal Constitutionalism: Lochnerism For A New Economy, Jedediah S. Purdy
Faculty Scholarship
Neoliberalism has a constitutional face. It figures in judicial and popular interpretations of free speech, due process, equal protection, and federalism, as surely as it does in intellectual property, family law, health policy, and the other areas that our contributors address. In this article, I make the case that there is something special about the constitutional expression of neoliberalism, which arises from three features of constitutional law: its basicness, its breadth, and its integrating tendency.
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan
Faculty Scholarship
The goal of this Article is to create a way of seeing how market structure is innately political. It provides a taxonomy of ways in which large companies frequently exercise powers that possess the character of governance. Broadly, these exercises of power map onto three bodies of activity we generally assign to government: to set policy, to regulate markets, and to tax. We add a fourth category – which we call "dominance," after Brandeis – as a kind of catchall describing the other political impacts. The activities we outline will not always fit neatly into these categories, nor do all …