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Articles 1 - 7 of 7
Full-Text Articles in Law
The Lawyer Scribe: The Litchfield Law School, Laptops, And The Metaphysics Of Soul-Searching, Louise Harmon
The Lawyer Scribe: The Litchfield Law School, Laptops, And The Metaphysics Of Soul-Searching, Louise Harmon
Scholarly Works
No abstract provided.
Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin
Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin
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This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
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Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …
Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus
Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus
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No abstract provided.
Federalism And The Protection Of Rights: The Modern Ninth Amendment’S Spreading Confusion, Thomas B. Mcaffee
Federalism And The Protection Of Rights: The Modern Ninth Amendment’S Spreading Confusion, Thomas B. Mcaffee
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Blindness to a basic understanding of the framers' design of our federal structure is largely responsible for the confusion that surrounds our understanding of the Ninth Amendment. The Ninth Amendment reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” In Griswold v. Connecticut, Justices Black and Stewart explained in separate dissenting opinions that the Ninth Amendment's reference to the other rights “retained by the people” alluded to the collective and individual rights the people “retained” by virtue of granting limited, enumerated powers to the national government. …
A Critical Guide To The Ninth Amendment, Thomas B. Mcaffee
A Critical Guide To The Ninth Amendment, Thomas B. Mcaffee
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Since the Supreme Court's decision in Griswold v. Connecticut, thousands of law students each year have confronted a confusing debate over the meaning of the Ninth Amendment. Writing for the majority in Griswold, Justice Douglas included the Ninth Amendment among the sources for deriving the “penumbral” right of privacy. More central to this article, in a separate concurrence Justice Goldberg contended that the Amendment provided a basis for the discovery of fundamental human rights beyond those included in the text of the Constitution and the Bill of Rights. In response, the dissenting Justices, Stewart and Black, argued that …
Sex, Lies And Jurisprudence: Robert Bork, Griswold, And The Philosophy Of Original Understanding, Glenn Harlan Reynolds
Sex, Lies And Jurisprudence: Robert Bork, Griswold, And The Philosophy Of Original Understanding, Glenn Harlan Reynolds
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This article analyzes Robert Bork's philosophy of original understanding jurisprudence in the context of the Supreme Court's decision in Griswold v. Connecticut, and concludes that Bork's theory does not perform as advertised and in fact -- contrary to Bork's representations -- actually supports the outcome reached by the Supreme Court in the Griswold case. It nonetheless concludes that original understanding interpretation has something to offer, if not as much as Bork claims.