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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.
Life After The Establishment Clause, Steven G. Gey
Life After The Establishment Clause, Steven G. Gey
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.
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.
Substantive Neutrality Revisited, Douglas Laycock
Substantive Neutrality Revisited, Douglas Laycock
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.
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.
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.
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.
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.
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.
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.
Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin
Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin
Maryland 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.
Dismantling Roe Brick By Brick-The Unconstitutional Purpose Behind The Federal Partial-Birth Abortion Act Of 2003, Caroline Burnett
Dismantling Roe Brick By Brick-The Unconstitutional Purpose Behind The Federal Partial-Birth Abortion Act Of 2003, Caroline Burnett
University of San Francisco Law Review
This Note focuses on the purpose prong of the undue burden test and argues that the federal ban is unconstitutional because its only purpose is to impose an undue burden on a woman's right to seek an abortion.
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.
The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan
The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan
Fordham Law Review
No abstract provided.
From Kiev To Columbus: A Perspective On Judicial Independence, Thomas J. Moyer
From Kiev To Columbus: A Perspective On Judicial Independence, Thomas J. Moyer
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.