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Full-Text Articles in Law
Neutral No More: Secondary Effects Analysis And The Quiet Demise Of The Content-Neutrality Test, Mark Rienzi, Stuart Buck
Neutral No More: Secondary Effects Analysis And The Quiet Demise Of The Content-Neutrality Test, Mark Rienzi, Stuart Buck
Fordham Law Review
When the Supreme Court introduced the “secondary effects” doctrine to allow for zoning of adult businesses, critics fell into two camps. Some, like Justice William Brennan, predicted dire consequences for the First Amendment, particularly if the doctrine was used in political speech cases. Others, like Professor Laurence Tribe, predicted secondary effects analysis would be limited to sexually explicit speech and would not threaten the First Amendment. The modern consensus is that the doctrine has, in fact, been limited to cases about sex.
Recent cases demonstrate, however, that the impact of the secondary effects doctrine on the First Amendment has been …
Editors’ Foreword, Editors
Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary Lawson
Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary Lawson
Fordham Law Review
No abstract provided.
The Presumption Of Constitutionality And The Individual Mandate, Gillian E. Metzger, Trevor W. Morrison
The Presumption Of Constitutionality And The Individual Mandate, Gillian E. Metzger, Trevor W. Morrison
Fordham Law Review
No abstract provided.
The Politics Of Obamacare: Health Care, Money, And Ideology, Richard Kirsch
The Politics Of Obamacare: Health Care, Money, And Ideology, Richard Kirsch
Fordham Law Review
No abstract provided.
Federalism From Federal Statutes: Health Reform, Medicaid, And The Old-Fashioned Federalists’ Gamble, Abbe R. Gluck
Federalism From Federal Statutes: Health Reform, Medicaid, And The Old-Fashioned Federalists’ Gamble, Abbe R. Gluck
Fordham Law Review
No abstract provided.
A Fiduciary Theory Of Judging, Ethan J. Leib, David L. Ponet, Michael Serota
A Fiduciary Theory Of Judging, Ethan J. Leib, David L. Ponet, Michael Serota
Faculty Scholarship
For centuries, legal theorists and political philosophers have unsuccessfully sought a unified theory of judging able to account for the diverse, and oftentimes conflicting, responsibilities judges possess. This paper reveals how the law governing fiduciary relationships sheds new light on this age-old pursuit, and therefore, on the very nature of the judicial office itself. The paper first explores the routinely overlooked, yet deeply embedded historical provenance of our judges-as-fiduciaries framework in American political thought and in the framing of the U.S. Constitution. It then explains why a fiduciary theory of judging offers important insights into what it means to be …