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Full-Text Articles in Law
“The People Surrender Nothing”: Social Compact Theory, Republicanism, And The Modern Administrative State, Joseph Postell
“The People Surrender Nothing”: Social Compact Theory, Republicanism, And The Modern Administrative State, Joseph Postell
Missouri Law Review
The Article’s argument proceeds in four parts. Part I provides an overview of the scholarly arguments in defense of the nondelegation doctrine. It describes three arguments in favor of the nondelegation doctrine: the separation of powers, political accountability, and constitutional text. Part II argues that social compact theory – not separation of powers, accountability, or constitutional text – is the true foundation of the nondelegation principle. Part III connects the theory of the social compact to the basic principles of republican government, which require that legislative powers are exercised by the representatives of the people chosen through elections. Part IV …
Homelessness At The Cathedral, Marc L. Roark
Homelessness At The Cathedral, Marc L. Roark
Missouri Law Review
This Article argues that legal restraints against homeless persons are resolved by applying certain nuisance-like approaches. By drawing on nuisance restraints that adopt property-based and social-identity information, courts and decision-makers choose approaches that create conflict between homeless identities and adopted social identities. These approaches tend to relegate the social choice of whether to tolerate homeless persons to one of established social order (property) or broadly conceived notions of liberty (constitutional rights or due process rights). This Article argues for a broader conception of social identity, which may force parties to internalize certain costs of action, tolerate certain uses, or abate …