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Articles 1 - 30 of 64
Full-Text Articles in Law
Latin American Competition Policy: From Nirvana Antitrust Policy To Reality-Based Institutional Competition Building, Ignacio De Leon
Latin American Competition Policy: From Nirvana Antitrust Policy To Reality-Based Institutional Competition Building, Ignacio De Leon
Chicago-Kent Law Review
The inception of antitrust policy in Latin America is marred with misconceptions about the role of this policy. The seemingly pro-competitive goals declared under the law collide with the pursuit of welfare efficiency goals that could impair the natural outcomes of unfettered market forces. This article argues that the inherent contradiction between the stated goals of antitrust policy and its practical effects ultimately rests on the lack of analytical relevance attached to the institutional milieu within which antitrust policy is to produce its effects. Institutional connections are necessary to convey relevant information across the system; without these, the market would …
Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence
Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence
Louisiana Law Review
No abstract provided.
Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen
University of Miami Inter-American Law Review
No abstract provided.
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
West Virginia Law Review
No abstract provided.
Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt
Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt
West Virginia Law Review
No abstract provided.
The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
West Virginia Law Review
No abstract provided.
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
West Virginia Law Review
No abstract provided.
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle
West Virginia Law Review
No abstract provided.
Substantive Neutrality Revisited, Douglas Laycock
Substantive Neutrality Revisited, Douglas Laycock
West Virginia Law Review
No abstract provided.
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
West Virginia Law Review
No abstract provided.
Life After The Establishment Clause, Steven G. Gey
Life After The Establishment Clause, Steven G. Gey
West Virginia Law Review
No abstract provided.
When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley
When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley
Louisiana Law Review
No abstract provided.
Military Values In Law, Diane H. Mazur
Military Values In Law, Diane H. Mazur
Duke Journal of Gender Law & Policy
Congress, for example, takes inappropriate advantage of the tremendous deference given by courts to its constitutional powers to raise and support Armies, to provide and maintain a Navy, and to make Rules for the Government and Regulation of the land and naval Forces.\n In a court-martial involving a military defendant and a civilian victim of sexual assault, application of the psychotherapist-patient privilege raises no difficult issues related to professional military values. When both the victim and the defendant are members of the military, however, the victim's assertion of privilege is at least potentially inconsistent with the victim's professional obligation to …
Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank Munger
Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank Munger
Cornell International Law Journal
No abstract provided.
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Cornell Journal of Law and Public Policy
No abstract provided.
Defending The (Not So) Indefensible, Seth Barrett Tillman
Defending The (Not So) Indefensible, Seth Barrett Tillman
Cornell Journal of Law and Public Policy
No abstract provided.
The Fair Market Value Method Of Property Valuation In Eminent Domain: "Just Compensation" Or Just Barely Compensating?, Lucas J. Asper
The Fair Market Value Method Of Property Valuation In Eminent Domain: "Just Compensation" Or Just Barely Compensating?, Lucas J. Asper
South Carolina Law Review
No abstract provided.
Localism And The West Virginia Constitution, Robert M. Bastress Jr.
Localism And The West Virginia Constitution, Robert M. Bastress Jr.
West Virginia Law Review
No abstract provided.
South Carolina's Evolving Standards Of Decency: Capital Child Rape Statute Provides A Reminder That Societal Progression Continues Through Action, Not Idleness, Ashley M. Kearns
South Carolina's Evolving Standards Of Decency: Capital Child Rape Statute Provides A Reminder That Societal Progression Continues Through Action, Not Idleness, Ashley M. Kearns
South Carolina Law Review
No abstract provided.
Law's Religion: Rendering Culture, Benjamin L. Berger
Law's Religion: Rendering Culture, Benjamin L. Berger
Osgoode Hall Law Journal
This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …
The Geologic Strata Of The Law School Curriculum, Robert W. Gordon
The Geologic Strata Of The Law School Curriculum, Robert W. Gordon
Vanderbilt Law Review
The modest aim of this piece is to supply some historical background to the other contributions to this Symposium. The modern American law school curriculum is the product of a few but critical choices of design, some of them over a century old. In this Article, I seek to (1) outline how the basic structure and content of the modern American law school curriculum came into being and what were the main competitors that curriculum displaced; (2) describe some of the ways in which the curriculum's basic structure and content have changed since its inception; and (3) point to some …
The Supreme Court, Justinian, And Antonin Scalia: Twenty Years In Retrospect, Paul R. Baier
The Supreme Court, Justinian, And Antonin Scalia: Twenty Years In Retrospect, Paul R. Baier
Louisiana Law Review
No abstract provided.
Geographic Representation And The U.S. Congress, Frances E. Lee
Geographic Representation And The U.S. Congress, Frances E. Lee
Maryland Law Review
No abstract provided.
Public Health And Constitutional Law: Recognizing The Relationship, Wendy E. Parmet
Public Health And Constitutional Law: Recognizing The Relationship, Wendy E. Parmet
Journal of Health Care Law and Policy
No abstract provided.
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
Hofstra Law Review
No abstract provided.
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Fordham Law Review
This Article critiques the constitutional underpinnings of the “ministerial exemption,” which grants religious organizations immunity from discrimination suits brought by “ministerial” employees. These employees, who range from parochial schoolteachers to church music directors, cannot assert Title VII race or sex discrimination claims against their religious employers--regardless of whether or not religious belief motivated the discrimination. Lower courts and commentators assert that the right of church autonomy created by the religion clauses requires this result, but the Supreme Court has never blessed (nor rejected) it. This Article argues there is no place for the ministerial exemption under the Supreme Court's current …
The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner
The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner
Fordham Law Review
No abstract provided.
Minimalism Versus Perfectionism In Constitutional Theory, Editors' Forward
Minimalism Versus Perfectionism In Constitutional Theory, Editors' Forward
Fordham Law Review
No abstract provided.
Juvenile Curfews: Political Pandering At The Expense Of A Fundamental Right, Toni L. Conner
Juvenile Curfews: Political Pandering At The Expense Of A Fundamental Right, Toni L. Conner
West Virginia Law Review
No abstract provided.