Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Legal theory (2)
- 14th Amendment (1)
- Bakke v. University of California (1)
- Beloved (1)
- Brown v. Board of Education (1)
-
- Civil Rights Act of 1866 (1)
- Civil rights Act violence (1)
- Community (1)
- Congress (1)
- Congressional power (1)
- Constituional law (1)
- Constitutional federalism (1)
- Constitutional theory (1)
- Constitutionalism (1)
- David E. Engdahl (1)
- Dred Scott (1)
- First English Evangelical Lutheran Church v. County of Los Angeles (1)
- History of Economic Thought (1)
- Iterative community (1)
- James Boyd Wright (1)
- Just compensation (1)
- Law and literature (1)
- Law and literature movement (1)
- Literary-legalist (1)
- Marital rape (1)
- Mark Twain (1)
- Morality (1)
- Nollan v. California Coastal Commission (1)
- Owen Fiss (1)
- Patterson v. McClean Credit Union (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Public Law and Legal Theory
Takings, Narratives, And Power, Gregory S. Alexander
Takings, Narratives, And Power, Gregory S. Alexander
Cornell Law Faculty Publications
"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes …
Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle
Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West
Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West
Georgetown Law Faculty Publications and Other Works
How do we form communities? How might we form better ones? What is the role of law in that process? In a recent series of books and articles, James Boyd White, arguably the modern law and literature movement's founder, has put forward distinctively literary answers to these questions. Perhaps because of the fluidity of the humanities, White's account of the nature of community is not nearly as axiomatic to the law and literature movement as is Posner's depiction of the "individual" to legal economists. Nevertheless, White's conception is increasingly representative of the literary-legalist's world view. Furthermore, with the exception of …
The Authoritarian Impulse In Constitutional Law, Robin West
The Authoritarian Impulse In Constitutional Law, Robin West
Georgetown Law Faculty Publications and Other Works
Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …
Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein
Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein
Richard Adelstein
The role of political economy in the curriculum of MIT, with special attention to the thought of Francis Amasa Walker.