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Full-Text Articles in Law
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
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This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With …
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
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In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
State Extraterritorial Powers Reconsidered, Mark D. Rosen
State Extraterritorial Powers Reconsidered, Mark D. Rosen
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No abstract provided.
Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent
Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent
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No abstract provided.
Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold J. Krent
Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold J. Krent
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No abstract provided.