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Series

Constitutional law

Journal Articles

2007

Articles 1 - 2 of 2

Full-Text Articles in Law

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson Jan 2007

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson

Journal Articles

Important species are increasingly threatened on private lands and remain largely unregulated by federal and state laws. The gopher tortoise, present within six south-eastern states, is one such species. The tortoise is a keystone species, meaning that upon its existence numerous other species depend. Despite its ecological importance, tortoise populations have declined by 80%, partly due to development pressures, but primarily due to forest management practices which reduced the longleaf pine ecosystem upon which it depends by 96%. This article focuses on legal and policy issues associated with both urban development and forest management of lands containing the gopher tortoise. …


The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis Jan 2007

The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis

Journal Articles

Shortly after the Civil War, a series of cases argued that the Civil Rights Act of 1866 gave black Americans the right to make contracts, including a marriage contract, with whomever they chose. While the cases were almost uniformly unsuccessful at that time, this paper argues that claims based on private contracts replicating some of marriage’s benefits, stripped of the social and religious freight of marriage, are more compelling. State constitutional amendments banning not only marriage, but any legal recognition of a marriage-like relationship, demonstrate that animus underlies the prohibitions and that the amendments violate the Equal Protection Clause even …