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Full-Text Articles in Law
Escaping Circularity: The Fourth Amendment And Property Law, João Marinotti
Escaping Circularity: The Fourth Amendment And Property Law, João Marinotti
Articles by Maurer Faculty
The Supreme Court’s “reasonable expectation of privacy” test under the Fourth Amendment has often been criticized as circular, and hence subjective and unpredictable. The Court is presumed to base its decisions on society’s expectations of privacy, while society’s expectations of privacy are themselves presumed to be based on the Court’s judgements. As a solution to this problem, property law has been repeatedly propounded as an allegedly independent, autonomous area of law from which the Supreme Court can glean reasonable expectations of privacy without falling back into tautological reasoning.
Such an approach presupposes that property law is not itself circular. If …
Rétrospectives Et Perspectives Sur La Place Du Droit Comparé Dans La Jurisprudence Du Conseil Constitutionnel, Elisabeth Zoller
Rétrospectives Et Perspectives Sur La Place Du Droit Comparé Dans La Jurisprudence Du Conseil Constitutionnel, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Why A Federal Wealth Tax Is Constitutional, Ari Glogower, David Gamage, Kitty Richards
Why A Federal Wealth Tax Is Constitutional, Ari Glogower, David Gamage, Kitty Richards
Articles by Maurer Faculty
The 2020 Democratic presidential primaries brought national attention to a new direction for the tax system: a federal wealth tax for the wealthiest taxpayers. During their campaigns, Senators Elizabeth Warren (D-MA) and Bernie Sanders (I-VT) both introduced proposals to tax the wealth of multimillionaires and billionaires, and to use the revenue for public investments, including in health care and education. These reforms generated broad public support—even among many Republicans—and broadened the conversation over the future of progressive tax reform.
A well-designed, high-end wealth tax can level the playing field in an unequal society and promote shared economic prosperity.
Critics have …
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
Articles by Maurer Faculty
Same-sex marriage is legal in six states, and nearly 50,000 same-sex couples have already married. Yet 43 states have adopted statutes or constitutional amendments banning same-sex marriage (typically called mini defense of marriage acts, or “mini-DOMAs”), and the vast majority of these measures not only forbid the creation of same-sex marriages, they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These non-recognition laws effectively transform the marital parties into complete legal strangers to each other, with none of the customary rights or incidents of …
Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle
Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I recount John Locke’s 1689 Letter Concerning Toleration and explain how religious liberty continues to rest on Lockean and related justifications. These various justifications depend in part on religious-moral reasoning (both Christian and non-Christian) and in part on political-pragmatic considerations. I then discuss recent and ongoing developments in the American religious landscape, including a radical increase in religious diversity, the modernization of traditional faiths, the individualization or "spiritualization" of religion, and the increasing secularization of individual belief structures. I suggest that these developments, over time, may seriously threaten the underlying religious-moral and political-pragmatic foundations of religious liberty …
Constitutional Law--Reasonable Exercise Of Police Power, Bernard C. Gavit
Constitutional Law--Reasonable Exercise Of Police Power, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Constitutional Law--Jurisdiction Of State Courts Over Causes Arising Under Federal Employer's Liability Act, Bernard C. Gavit
Constitutional Law--Jurisdiction Of State Courts Over Causes Arising Under Federal Employer's Liability Act, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Constitutional Law--Interstate Commerce, Bernard C. Gavit
Constitutional Law--Interstate Commerce, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Constitutional Law--Amendment Of Subdivision Of Statute, Bernard C. Gavit
Constitutional Law--Amendment Of Subdivision Of Statute, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.