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Full-Text Articles in Legal History

States Rights > Gay Rights, Kent Greenfield Mar 2013

States Rights > Gay Rights, Kent Greenfield

Kent Greenfield

By now you've heard from the various news sources that, in this week’s Supreme Court arguments on California's Proposition 8 and the Defense of Marriage Act, a majority of justices expressed skepticism over both. So it's imaginable—even probable, if you believe the news—that we will find ourselves at the end of June with DOMA in the junk pile and marriage equality back on the books in California.

But don't put the pink champagne on ice just yet. In both days of argument, the justices spent an extraordinary amount of time dealing with knotty ...


Weird Friends Of The Court, Kent Greenfield Mar 2013

Weird Friends Of The Court, Kent Greenfield

Kent Greenfield

If you’ve felt encouraged by recent trends in favor of gay rights—including the new Washington Post poll showing 58 percent of Americans support marriage equality—swing over to SCOTUSblog and read some of the nearly 60 “friend of the Court” briefs opposing gay marriage.

On Tuesday and Wednesday of next week, the Supreme Court will hear arguments in two cases—the first on California’s Prop 8, the second on the Defense of Marriage Act—that could determine whether the federal government can define marriage as between a man and a woman, and whether state bans on same-sex ...


The Glocks Are Falling! The Glocks Are Falling!, Kent Greenfield Feb 2013

The Glocks Are Falling! The Glocks Are Falling!, Kent Greenfield

Kent Greenfield

The gun crowd is so paranoid about the erosion of their Second Amendment rights that they make Chicken Little look like an actuary.

The president’s recent gun proposals include initiatives such as expanded background checks, a ban on certain military-type rifles, and limits on the size of magazines. But if you listen to the gun folks, even these tepid proposals are—to quote a past president of the National Rifle Association—“unconstitutional schemes to gut the Second Amendment.” Iowa Senator Charles Grassley accused Obama of thinking “the Second Amendment can be tossed aside.” Any skeptical glance in the direction ...


Progressive Possibilities For Corporate Law, Kent Greenfield Jan 2013

Progressive Possibilities For Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield Jan 2013

Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield

Kent Greenfield

No abstract provided.


Featured Speaker, Demos Monthly Meeting, Kent Greenfield Jan 2013

Featured Speaker, Demos Monthly Meeting, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield Dec 2012

Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.


Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield Sep 2012

Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield

Kent Greenfield

No abstract provided.


A New Strategy To Fight Citizens United, Kent Greenfield Sep 2012

A New Strategy To Fight Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.


Moderator, Corporation Speech After Citizens United, Kent Greenfield Jun 2012

Moderator, Corporation Speech After Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield May 2012

Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield May 2012

Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, Control The Corporation Conference, Kent Greenfield Apr 2012

Panelist, Control The Corporation Conference, Kent Greenfield

Kent Greenfield

Website for the conference videos: http://csrl.org/2012/04/14/control-the-corporation-conference-videos/


Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield Mar 2012

Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield

Kent Greenfield

No abstract provided.


Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield Mar 2012

Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield

Kent Greenfield

No abstract provided.


Moderator, Panel On Defense Of Marriage Act, Kent Greenfield Mar 2012

Moderator, Panel On Defense Of Marriage Act, Kent Greenfield

Kent Greenfield

No abstract provided.


Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield Jan 2012

Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield

Kent Greenfield

No abstract provided.


How To Make The 'Citizens United' Decision Worse, Kent Greenfield Jan 2012

How To Make The 'Citizens United' Decision Worse, Kent Greenfield

Kent Greenfield

No abstract provided.


Free Will Paradigms, Kent Greenfield Jan 2012

Free Will Paradigms, Kent Greenfield

Kent Greenfield

One of the iconic issues in American law and politics is the question of free will—sometimes known as agency, choice, or autonomy, or the absence of duress, coercion, and compulsion. In politics, whether one is liberal or conservative, we balk at government limitations on choice and fight those limitations with legal arguments about rights and political rhetoric about freedom. Liberals demand access to abortions, want the ability to purchase medical marijuana, and bristle at pat-down searches before boarding a plane. Conservatives dislike requirements to buy health insurance or pay taxes, rail against limits on gun ownership and school prayer ...


Unconscionability And Consent In Corporate Law (A Comment On Cunningham), Kent Greenfield Jan 2012

Unconscionability And Consent In Corporate Law (A Comment On Cunningham), Kent Greenfield

Kent Greenfield

Lawrence Cunningham has written an insightful and persuasive article calling on courts to apply the contract-law doctrine of unconscionability in evaluating executive compensation. According to Cunningham, this additional doctrinal tool will allow courts to engage in genuine and meaningful oversight of excessive compensation. He argues that such oversight is valuable because existing corporate-law doctrine too often prompts courts to defer too much and too often to management’s decisions. Cunningham’s argument is modest yet impactful. It is modest in that it simply proposes that courts take account of a well-established area of contract law to analyze and evaluate the ...


Presentations On The Myth Of Choice, Kent Greenfield Dec 2011

Presentations On The Myth Of Choice, Kent Greenfield

Kent Greenfield

Kent Greenfield has delivered over 30 public lectures and presentations to a wide variety of audiences in support of his book, The Myth of Choice, including presentations at the Center for the Study of Law & Society at UC Berkeley, the Wharton School of Business at the University of Pennsylvania, and the Southern Festival of Books in Nashville, TN.


The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield Nov 2011

The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield

Kent Greenfield

No abstract provided.


The Place Of Workers In Corporate Law, Kent Greenfield Nov 2011

The Place Of Workers In Corporate Law, Kent Greenfield

Kent Greenfield

This article critiques the low place of workers within corporate law doctrine. Corporate law, as it is traditionally taught, is primarily about shareholders, boards of directors, and managers, and the relationships among them. This is despite the fact that workers provide an essential input to a corporation's productive activities, and that the success of the business enterprise quite often turns on the success of the relationship between the corporation and those who are employed by it. Black letter corporate law requires directors to place the interests of shareholders above the interests of all other "stakeholders," including workers. This article ...


Moderator, Secularism, Islam, And Democracy, Kent Greenfield Oct 2011

Moderator, Secularism, Islam, And Democracy, Kent Greenfield

Kent Greenfield

No abstract provided.


The Herman Cain Blame Game, Kent Greenfield Oct 2011

The Herman Cain Blame Game, Kent Greenfield

Kent Greenfield

No abstract provided.


Interview With Professor Kent Greenfield About His Book “The Myth Of Choice: Personal Responsibility In A World Of Limits”, Kent Greenfield Sep 2011

Interview With Professor Kent Greenfield About His Book “The Myth Of Choice: Personal Responsibility In A World Of Limits”, Kent Greenfield

Kent Greenfield

Professor Kent Greenfield’s newest release, The Myth of Choice: Personal Responsibility in a World of Limits (Yale University Press), is a broad-reaching view of the dynamics of choice.

Greenfield’s book begins with his knowledge of law and then ranges widely, tapping areas as diverse as sociology, the study of brain activity, and religious freedoms. He draws on scholarly commentary, news reports, political research polls and his own life decisions to complete the picture of choice and its many dimensions. Examining choice and its influence on public policy and legal theory, The Myth of Choice serves as a catalyst ...


When Kids Are Left In Cars: Blame The Brain, Kent Greenfield Sep 2011

When Kids Are Left In Cars: Blame The Brain, Kent Greenfield

Kent Greenfield

No abstract provided.


Constitution Day, Happy Illegal Holiday!, Kent Greenfield Sep 2011

Constitution Day, Happy Illegal Holiday!, Kent Greenfield

Kent Greenfield

No abstract provided.


The Debt Ceiling Impasse: It's Madison's Fault, Kent Greenfield Jul 2011

The Debt Ceiling Impasse: It's Madison's Fault, Kent Greenfield

Kent Greenfield

No abstract provided.


Reforming Limited Liability Law, Kent Greenfield Jun 2011

Reforming Limited Liability Law, Kent Greenfield

Kent Greenfield

No abstract provided.