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Full-Text Articles in Law
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Cleveland State Law Review
This article maintains that the Supreme Court's most recent affirmative action decisions, City of Richmond v. JA. Croson, Co. and Metro Broadcasting, Inc. v. F.C.C. provide a surprising opportunity for the Court to offer constitutional protection to many Americans who are currently under protected, particularly to poor children. This Article will argue that the Richmond/Metro double standard is acceptable in such difficult areas as affirmative action, particularly if the Court also adopts this Article's primary proposal that the Court should sometimes permit Congress to "dilute" Supreme Court decisions. This Article shall explore this proposed doctrine of limited dilution by applying …
The Rule Of Law And The Rule Of Laws, David F. Forte
The Rule Of Law And The Rule Of Laws, David F. Forte
Law Faculty Articles and Essays
The thesis of this article is that, for the Rule of Law to be maintained in a modern technological society, the legal system must affirmatively tolerate a range of justifiable non-compliance. I begin with a rather strong definition of the Rule of Law, one that encompasses not merely the procedural desiderata of Lon Fuller (which John Finnis accepts), but also the notion that the Rule of Law has a substantive content (the common good) and that it necessarily binds the rulers as well as the ruled. I posit as an opposite phenomenon to the Rule of Law, the rule of …
Natural Law As Practical Methodology: A Finnisian Analysis Of City Of Richmond V. Croson, David R. Barnhizer
Natural Law As Practical Methodology: A Finnisian Analysis Of City Of Richmond V. Croson, David R. Barnhizer
Law Faculty Articles and Essays
The first part of this article examines some of the main features of Finnis's theory of natural law. It suggests that Finnis offers a "soft" theory of natural law anchored in a richer and more realistic conception of human nature than has generally characterized natural law theory. The article's second part briefly describes some methodological aspects of Finnis's theory. The third part seeks to apply Finnis's principles to Justice O'Connor's opinion in City of Richmond v. J. A. Croson Co., a decision that makes it extremely difficult for state and local governments to combat the subtle devises and consequences of …