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Open Access. Powered by Scholars. Published by Universities.®

2000

University of Chicago Law School

Public Law and Legal Theory Working Papers

Articles 1 - 3 of 3

Full-Text Articles in Law

Common Law, Common Ground, And Jefferson's Principle, David A. Strauss Jun 2000

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 Apr 2000

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 ...


Without Peers? The Blind Spot In The Debate Over How To Allocate Educational Control Between Parent And State, Emily Buss Apr 2000

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.