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Full-Text Articles in Law

Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn Dec 2000

Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn

Michael E Lewyn

Explains why conservatives should be concerned about suburban sprawl, and how market-oriented solutions can mitigate sprawl.


Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer Jan 2000

Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer

Nancy J. Knauer

In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest ...


The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan Jan 2000

The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan

Melissa K. Scanlan

The public trust doctrine is rooted in ancient Roman law and the Wisconsin Constitution. Ancient Roman jurists be- lieved that the natural law concept that the waters are common to all was not subject to the changing whims of legis- latures. Similarly, modern theorists assert that a constitutionally-based doctrine will be more insulated from politics. This Comment demonstrates the limits of these theories. The trust doctrine is not immutable. Based on interviews with the trustees of Wisconsin's water resources, this Comment uncovers the constraints on the trustees. It shows that trust resources are at risk due to politically-motivated decisions ...


Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Data Privacy Standards, Gregory C. Shaffer Jan 2000

Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Data Privacy Standards, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.


The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds Jan 2000

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.


Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson Jan 2000

Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson

Trisha Olson

No abstract provided.


Women And The Promise Of Equal Citizenship, Jennifer Hendricks Dec 1999

Women And The Promise Of Equal Citizenship, Jennifer Hendricks

Jennifer S. Hendricks

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act ...