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Articles 1 - 25 of 25
Full-Text Articles in Law
Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven
Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven
Thomas Kleven
The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …
Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield
Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield
Kent Greenfield
Hobby Lobby was a dangerous decision,but because the Court ignored corporate personhood rather than endorsing it.
Praising Corporate Personhood, Kent Greenfield
Praising Corporate Personhood, Kent Greenfield
Kent Greenfield
Corporate personhood has wrongly developed a bad name; efforts to end corporate personhood by way of a constitutional amendment are either worthless or harmful.
As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner
As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The legislative council shall annually examine, AS 24.20.065(a) provides in paraphrase, published opinions of state courts that rely on state statutes if the opinions indicate unclear or ambiguous statutes. Our Constitutional Logic examines the collaboration theory of lawmakers, on the codelaw and caselaw side of the ledger.
Corporate Citizenship: Goal Or Fear?, Kent Greenfield
Corporate Citizenship: Goal Or Fear?, Kent Greenfield
Kent Greenfield
Progressives should oppose a constitutional amendment to end corporate personhood.
Ban Harms Georgia Kids, Tanya Washington
Ban Harms Georgia Kids, Tanya Washington
Tanya Monique Washington
No abstract provided.
Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington
Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Loving Grutter: Recognizing Race In Transracial Adoptions, Tanya Washington
Loving Grutter: Recognizing Race In Transracial Adoptions, Tanya Washington
Tanya Monique Washington
No abstract provided.
Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington
Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington
Tanya Monique Washington
No abstract provided.
Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights, Tanya Washington, Catherine Smith, Susannah Pollvogt
Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights, Tanya Washington, Catherine Smith, Susannah Pollvogt
Tanya Monique Washington
No abstract provided.
Restoring The Progressive Vision Of The Constitution, Neil Kinkopf
Restoring The Progressive Vision Of The Constitution, Neil Kinkopf
Neil J. Kinkopf
No abstract provided.
Debate: “Be It Resolved: Corporations Should Not Be Considered People Under The U.S. Constitution.”, Kent Greenfield
Debate: “Be It Resolved: Corporations Should Not Be Considered People Under The U.S. Constitution.”, Kent Greenfield
Kent Greenfield
This was a debate with Jeff Clements, founder of Free Speech for People, about corporate personhood.
Dog Sniffs And The Fourth Amendment, Robert Bloom
Dog Sniffs And The Fourth Amendment, Robert Bloom
Robert M. Bloom
No abstract provided.
Demystifying Secondary Effects Analysis: The Example Of The "Explosive" Combination Of Erotic Entertainment And Alcohol, Leslie Jacobs
Demystifying Secondary Effects Analysis: The Example Of The "Explosive" Combination Of Erotic Entertainment And Alcohol, Leslie Jacobs
Leslie Gielow Jacobs
Under secondary effects analysis, regulations that target erotic entertainment are subject to deferential “intermediate” judicial review rather than the strict scrutiny that usually applies to government actions that target protected speech activities based on their content. According to the Justices’ articulations, lesser scrutiny is appropriate because secondary effects are “unrelated to the impact of the speech on its audience.” Although the determination that an effect is “secondary” is critical to moving an ostensibly content based regulation into deferential scrutiny, the Court has never explained how the abstract definition applies to specific asserted “secondary effects” and, following the Court’s lead, lower …
The Lost Takings Test, Josh Eagle
The Lost Takings Test, Josh Eagle
Josh Eagle
In recent decades, the Supreme Court has used oceanfront property as a principal vehicle for the development of Fifth Amendment takings law. Cases alleging that a state government has taken oceanfront land have produced landmark opinions such as Nollan v. California Coastal Commission (1987), Lucas v. South Carolina Coastal Council (1992), and Stop the Beach Renourishment v. Florida Department of Environmental Protection (2010).
In each of these cases, the Court has applied its standard, positivist takings analysis: first, identifying the rights of the landowner; then, weighing the extent to which the government’s action has limited those rights. This Article argues …
Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas
Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas
Jude A Thomas
Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …
Panelist, In The Balance: Law And Politics On The Roberts Court, Kent Greenfield
Panelist, In The Balance: Law And Politics On The Roberts Court, Kent Greenfield
Kent Greenfield
No abstract provided.
Same-Sex Marriage, Constitutional Rights And Human Freedom, Lynne Rambo
Same-Sex Marriage, Constitutional Rights And Human Freedom, Lynne Rambo
Lynne H. Rambo
No abstract provided.
The Right Of Publicity And The First Amendment: A Fundamental Re-Examination, Glynn Lunney
The Right Of Publicity And The First Amendment: A Fundamental Re-Examination, Glynn Lunney
Glynn Lunney
No abstract provided.
Panelist, "Who Will Be Exempted From The Affordable Care Act? Hobby Lobby, Little Sisters And The Other Religious Exemption Cases Before The Supreme Court", Michael Helfand
Michael A Helfand
No abstract provided.
Current Issues In Korean Law, Laurent Mayali, John Yoo
Current Issues In Korean Law, Laurent Mayali, John Yoo
Laurent Mayali
No abstract provided.
Interdisciplinary Workshop In Legal Studies, Patricia Reid
Interdisciplinary Workshop In Legal Studies, Patricia Reid
Patricia Reid
National Endowment for Humanities/Institute for Constitutional History, Seminar in Constitutional History
Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven
Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven
Thomas Kleven
The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …
The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly
The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly
Erin Daly
No abstract provided.
Inclusionary Eminent Domain, Gerald S. Dickinson
Inclusionary Eminent Domain, Gerald S. Dickinson
Gerald S. Dickinson
This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …