Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (8)
- International Law (4)
- Law and Economics (4)
- Legal History (4)
- Courts (3)
-
- First Amendment (3)
- Human Rights Law (3)
- Intellectual Property Law (3)
- Religion Law (3)
- Civil Procedure (2)
- Criminal Procedure (2)
- Military, War, and Peace (2)
- Property Law and Real Estate (2)
- Business Organizations Law (1)
- Common Law (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Family Law (1)
- Health Law and Policy (1)
- Judges (1)
- Law and Politics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Legislation (1)
- National Security Law (1)
- Natural Law (1)
- Other Law (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Keyword
-
- Democracy (3)
- Eminent domain (3)
- Federalism (3)
- First Amendment (3)
- Intellectual property (3)
-
- International law (3)
- Rehnquist (3)
- Competition (2)
- Constitution (2)
- Constitutional interpretation (2)
- Constitutional law (2)
- Fifth Amendment (2)
- Kelo (2)
- Public use (2)
- Roman Catholic (2)
- State courts (2)
- Statutory interpretation (2)
- Supreme Court (2)
- Takings (2)
- Abortion (1)
- Anthony Rivers (1)
- Antitrust (1)
- Bargaining (1)
- Behavioral (1)
- Berman (1)
- Brennan (1)
- Brown v. Board of Education (1)
- Buying agents (1)
- Catholicism (1)
- Charming Betsy (1)
Articles 31 - 36 of 36
Full-Text Articles in Law
Defending Human Rights In The "War" Against Terror, Douglass Cassel
Defending Human Rights In The "War" Against Terror, Douglass Cassel
Journal Articles
Safeguarding human rights in our "war" against terrorism is both the right and the smart thing to do. It is right because human rights embody our fundamental values as Americans and as Christians. Our Constitution stands for freedom; our Creator teaches us to respect the God-given dignity of each human soul. Christians are called to cherish human dignity, not only of innocents, and not only of captives in war whose status as combatant or civilian may be uncertain, but also of cardinal sinners, the terrorists themselves. Christ Jesus teaches us to hate the sin, but somehow to bring ourselves to …
The Federal Constitutional Court: Guardian Of German Democracy, Donald P. Kommers
The Federal Constitutional Court: Guardian Of German Democracy, Donald P. Kommers
Journal Articles
Germany’s Federal Constitutional Court rivals the Supreme Court of the United States in protecting political democracy. Its jurisprudence of democracy has shaped the course and character of German politics while upholding the rule of law and defending the constitutionally prescribed “free democratic basic order.” In furtherance of these objectives, the Constitutional Court has invalidated regulations limiting the rights of minor parties and constitutionalizing measures designed to stabilize Germany’s system of parliamentary government. These purposes have been served by constitutional decisions on voting rights, public funding of election campaigns, dissolution of Parliament, and proportional representation, including the limiting 5 percent clause. …
A Theory Of Federal Common Law, Jay Tidmarsh
A Theory Of Federal Common Law, Jay Tidmarsh
Journal Articles
Federal common law is a puzzle. Despite Erie's declaration that "[t]here is no federal general common law,"' well-established and stable pockets of federal common law persist in several areas: cases affecting the rights and obligations of the United States,2 disputes between states, 3 cases affecting international relations,4 and admiralty.5 If anything, federal common law is expanding. Eighteen years ago, a case in which state law was in "significant conflict" with "uniquely federal interests" provided an occasion for the Supreme Court to create another form of federal common law.6 Five years ago, the Court added yet another piece to the puzzle, …
Prophecy And Casuistry: Abortion, Torture And Moral Discourse, M. Cathleen Kaveny
Prophecy And Casuistry: Abortion, Torture And Moral Discourse, M. Cathleen Kaveny
Journal Articles
In turn of the 21st century United States there are serious moral disputes over issues such as abortion and torture among persons who see themselves as belonging to the same moral tradition. These disputes have not given rise to fruitful discussion about differences, but instead led to a breakdown of conversation and even of community. A part of these clashes and breakdowns are not the result of mutually inconsistent moral premises, but are driven by tensions between two styles of moral discourse, the prophetic and casuistical. The former invokes the absolute and fiery rhetorical style of biblical prophets while the …
The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly
The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly
Journal Articles
This Article provides a rationale for understanding and interpreting the public use requirement within eminent domain law. The rationale is based on two factors. First, while the government often needs the power of eminent domain to avoid the problem of strategic holdout, private parties are generally able to purchase property through secret buying agents. The availability of these undisclosed agents makes the use of eminent domain for private parties unnecessary and indeed undesirable. The government, however, is ordinarily unable to make secret purchases because its plans are subject to democratic deliberation and thus publicly known in advance. Second, while the …
The Tax Code As Nationality Law, Michael S. Kirsch
The Tax Code As Nationality Law, Michael S. Kirsch
Journal Articles
This article questions the frequently-asserted axiom that Congress's taxing power knows no bounds. It does so in the context of recently-enacted legislation that creates a special definition of citizenship that applies only for tax purposes. Historically, a person was treated as a citizen for tax purposes (and therefore taxed on her worldwide income and estate) if, and only if, she was a citizen under the nationality law. As a result of the new statute, in certain circumstances a person might be treated as a citizen for tax purposes (and therefore taxed on her worldwide income and estate) for years or …