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Articles 1 - 5 of 5
Full-Text Articles in Law
Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger
Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger
Margo Schlanger
No abstract provided.
Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
John M Greabe
This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.
All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson
All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson
David B Kopel
Whenever civil liberties issues are contested, proponents of greater restrictions often chide civil liberties defenders for being unwilling to offer moderate concessions. Frequently, persons advocating restrictions on civil liberties claim that the "moderate" restriction will not infringe the core civil liberty. When rights advocates raise the "slippery slope" argument, they are criticized for being excessively fearful. The goal of the article is to refine our understanding of "slippery slopes" by examining a case in which a civil liberty really did slide all the way down the slippery slope.
The right to arms in Great Britain was entirely unrestricted at the …
Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit
Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit
Nancy Levit
The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex. While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
David B Kopel
Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.