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Full-Text Articles in Law

The Balanced Budget Amendment: A Threat To The Constitutional Order, Neil J. Kinkopf Nov 2011

The Balanced Budget Amendment: A Threat To The Constitutional Order, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.


Lochner, Lawrence, And Liberty, Joseph F. Morrissey Mar 2011

Lochner, Lawrence, And Liberty, Joseph F. Morrissey

Georgia State University Law Review

Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.

Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor.

This article presents and defends a new analytical framework based on liberty of contract to advance gay rights. …