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Can't Touch This! Private Property, Takings, And The Merit Goods Argument, Goutam U. Jois
Can't Touch This! Private Property, Takings, And The Merit Goods Argument, Goutam U. Jois
Goutam U Jois
Over the past several decades, economic theory has gained increasing influence in legal thinking, political theory, and public policy. This article argues that the popular characterization of economics as “value-neutral” obscures the fact that there are fundamental value judgments in any framework influenced by economics. Acknowledging this fact will shift the terms of the debate: instead of a “neutral” policy and one that “imposes values,” we see that both policies in fact entail value imposition to some extent. The public discourse is thus rendered more intellectually honest. The article progresses in three parts. First, I describe the concept of “merit …
Note: Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Note: Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Brandon N. Robinson
For decades, the famous school desegregation case of Brown v. Board of Education and its progeny have supported the notion that a State may not constitutionally require [racial] segregation of public facilities. Indeed, with regard to state-mandated racial segregation, the doctrine of separate but equal has long been considered dead and buried. In February 2005, however, the Supreme Court of the United States in Johnson v. California curiously reopened the segregation question by replacing the post-Brown ban on racial segregation with the strict scrutiny standard of review afforded to all other racial classifications, thereby muddying the once clear doctrinal waters. …
Between Charity, Welfare, And Warfare: A Disability Legal Studies Analysis Of Privilege And Neglect In Israeli Disability Policy, Sagit Mor
Sagit Mor
This article introduces a critical perspective, which I term Disability Legal Studies, a field of critical legal theory that employs disability critique, as developed by Disability Studies. I argue that contemporary writing on disability and the law tends to utilize disability critique in a mere instrumental fashion, mainly to support doctrinal analysis or reform proposals. What is needed, I suggest, is substantial research regarding the constitutive role of law in the production of disability. The article investigates the construction of disability in the field of social welfare, claiming that although welfare has indeed provided some relief to people with disabilities, …
Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois
Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois
Goutam U Jois
The issue of same-sex marriage has received much attention over the past few years, with significant focus on the role of the judiciary. For example, the first legal gay marriages in the country took place after a court decision in Massachusetts, and no state has sanctioned same-sex marriage through the legislative process. Proponents of same-sex marriages generally justify their creation on civil rights grounds, relying in particular on equal protection and due process arguments. However, the preservation of same-sex marriage can be defended on other grounds as well. I examine one such alternative theory, that of property rights. In this …