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Articles 61 - 88 of 88
Full-Text Articles in Law
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Faculty Scholarship
In this Article, I contend that First Amendment principles dictate a presumption against legislation that is based on predictive harms, but that the presumption will be overcome if a court independently determines that there is a likelihood of irreparable harm. Part I briefly discusses the level of harm required to justify legislation that infringes upon First Amendment rights. Part II turns to proactive legislation, giving some examples of predictive harms. Part III describes the Supreme Court's responses to legislative findings in the First Amendment context, and Part IV discusses the difference between predictive harms and other legislative findings. Part V …
Our Imperial First Amendment, Paul D. Carrington
Our Imperial First Amendment, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Currencies And The Commodification Of Environmental Law, James Salzman, J.B. Ruhl
Currencies And The Commodification Of Environmental Law, James Salzman, J.B. Ruhl
Faculty Scholarship
No abstract provided.
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Faculty Scholarship
No abstract provided.
A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky
A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Electronic Publication Of Scholarly Information In Law: A View From The United States, Richard A. Danner
Electronic Publication Of Scholarly Information In Law: A View From The United States, Richard A. Danner
Faculty Scholarship
This article examines the potential effects of the developing user-centered, networked information environment on scholarly communication in law.
Few Reservations About Reservations, Madeline Morris
Few Reservations About Reservations, Madeline Morris
Faculty Scholarship
No abstract provided.
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Working Identity, Mitu Gulati, Devon W. Carbado
Working Identity, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
No abstract provided.
The Jurisprudence Of Justice Scalia: A Critical Appraisal, Erwin Chemerinsky
The Jurisprudence Of Justice Scalia: A Critical Appraisal, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Students Do Leave Their First Amendment Rights At The Schoolhouse Gates: What’S Left Of Tinker, Erwin Chemerinsky
Students Do Leave Their First Amendment Rights At The Schoolhouse Gates: What’S Left Of Tinker, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Court Should Have Remained Silent: Why The Court Erred In Deciding ‘Dickerson V. United States’, Erwin Chemerinsky
The Court Should Have Remained Silent: Why The Court Erred In Deciding ‘Dickerson V. United States’, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Does The Death Tax Deserve The Death Penalty - An Overview Of The Major Arguments For Repeal Of Federal Wealth-Transfer Taxes, Richard L. Schmalbeck
Does The Death Tax Deserve The Death Penalty - An Overview Of The Major Arguments For Repeal Of Federal Wealth-Transfer Taxes, Richard L. Schmalbeck
Faculty Scholarship
No abstract provided.
Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young
Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young
Faculty Scholarship
No abstract provided.
Brands Vs. Generics: Self-Regulation By Competitors, James D. Cox
Brands Vs. Generics: Self-Regulation By Competitors, James D. Cox
Faculty Scholarship
No abstract provided.
Evolving Scientific Norms And Intellectual Property Rights: A Reply To Kieff, Arti K. Rai
Evolving Scientific Norms And Intellectual Property Rights: A Reply To Kieff, Arti K. Rai
Faculty Scholarship
No abstract provided.
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Cracking Foundations As Feminist Method, Katharine T. Bartlett
Cracking Foundations As Feminist Method, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.
The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.
Faculty Scholarship
The protection of civilians and their property in war is an accepted norm of international law - even where the putatively "noncombatant" populace openly supports the immoral use of force by its military. NATO's Kosovo operation suggests, however, that the imposition of hardship on the sentient, adult "noncombatant" population through property loss can erode a society's appetite for malevolence. While civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change.
Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler
Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler
Faculty Scholarship
Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Faculty Scholarship
No abstract provided.
Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler
Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler
Faculty Scholarship
Reviewing, Richard A. Posner, The Problematics of Moral and Legal Theory (1999)
International Law And The American National Interest, Michael Byers
International Law And The American National Interest, Michael Byers
Faculty Scholarship
No abstract provided.