Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- California (1)
- Certainty (1)
- Choices (1)
- Constitutionality (1)
- Demoralization costs (1)
-
- Discrimination (1)
- Ely (John Hart) (1)
- Equality (1)
- Expectations (1)
- Fairness (1)
- Gay (1)
- Incentives (1)
- Influence (1)
- Lesbian (1)
- Morale benefits (1)
- Persuasion (1)
- Political process theory (1)
- Power (1)
- Property rights (1)
- Proposition 8 (1)
- Rhetoric (1)
- Same-sex marriage (1)
- Scholarship (1)
- Security (1)
- Sexual orientation (1)
- Stability (1)
- United States v. Carolene Products (1)
- Value (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Property's Morale, Nestor M. Davidson
Property's Morale, Nestor M. Davidson
Michigan Law Review
A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled "demoralization costs." Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Michigan Law Review
Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage. Its analysis is grounded in state supreme court decisions on the constitutionality of barring same-sex marriage, as well as the high-profile, …
What We Make Matter, Sherman J. Clark
What We Make Matter, Sherman J. Clark
Michigan Law Review
The Michigan Law Review's Survey of Books Related to the Law provides an annual opportunity not only to consider a range of legal issues and views, but also to think about the range of ways we argue about and study the law. In this Foreword, I would like to suggest that we think not only about how we choose to argue, but also the potential consequences of those choices. When we study or argue about law and politics, we routinely and sensibly consider the possible unintended impact of particular substantive rules and policies. Here I suggest that we should attend …