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Full-Text Articles in Legal History
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Cornell Law Faculty Publications
Recent decisions of the Supreme Court have not been kind to those who favor an expansive reading of the equal protection clause. Last Term, in Washington v. Davis, the Court held that the disproportionate impact of governmental action on minority groups is not unconstitutional unless accompanied by proof of intentional discrimination. This Term, in Village of Arlington Heights v. Metropolitan Housing Development Corp., the Court reinforced the intent barrier to the finding of equal protection violations. Mr. Eisenberg argues in this Article that the Washington test is too harsh, and was required neither by practical necessity nor by …
The Development Of The Lutheran Theory Of Resistance: 1523-1530, Cynthia Grant Bowman
The Development Of The Lutheran Theory Of Resistance: 1523-1530, Cynthia Grant Bowman
Cornell Law Faculty Publications
It is frequently assumed, especially by political theorists, that the development of the modern theory of resistance to governmental authority was the accomplishment primarily of Huguenot writers of the late sixteenth century and that it was they who laid the foundations for the more famous seven- teenth-century English theories of a right of revolution. The corollary is that Lutheran writers made little contribution to the development of this theory, if not, indeed, a negative one. Contrary to this fairly common assumption, however, the justification of resistance was a major concern of German Protestants in the early sixteenth century, and I …