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Full-Text Articles in Law
Robinson Township: A Model For Environmental Constitutionalism, Erin Daly, James May
Robinson Township: A Model For Environmental Constitutionalism, Erin Daly, James May
Erin Daly
In Robinson Township v. Commonwealth of Pennsylvania, a plurality of the court held that a controversial law encouraging fracking (“Act 13”) violates the state’s constitutional Environmental Rights Amendment, the provisions of which the court held are “on par” with political rights. The decision highlights the challenges of engaging constitutional environmental provisions but demonstrates that, with sufficient creativity and commitment, meeting these challenges lies well within the bounds of judicial capability and authority. Because courts around the world are increasingly being asked to engage in environmental constitutionalism, and Robinson Township's thorough examination of the issues is instructive, not only for cases …
Budget Numbers Affect People, Who Deserve Dignity, Erin Daly
Budget Numbers Affect People, Who Deserve Dignity, Erin Daly
Erin Daly
No abstract provided.
Human Dignity In The Roberts Court: A Story Of Inchoate Institutions, Autonomous Individuals, And The Reluctant Recognition Of A Right, Erin Daly
Erin Daly
Throughout its history, the Supreme Court has assumed that dignity is relevant to constitutional interpretation, though it has rarely considered exactly how. In the post-war years, the Court (like its counterparts around the world) found that human dignity underlay many individual rights, and in the 1990s, the Court's federalism jurisprudence found that the dignity of states immunized them from most lawsuits in both state and federal courts. This article examines the Court's past references to dignity and argues that the conception of dignity that is evoked in the federalism cases -- which focus, at root, on the autonomy of the …
Senate Debate Served Us All Well, Erin Daly, Paul Regan
Senate Debate Served Us All Well, Erin Daly, Paul Regan
Erin Daly
No abstract provided.
Garcetti In Delaware: New Limits On Public Employees' Speech, Erin Daly
Garcetti In Delaware: New Limits On Public Employees' Speech, Erin Daly
Erin Daly
In 2006, the Supreme Court decided Garcetti v Ceballos, 547 U.S. 410 (2006), which significantly altered the free speech rights of the more than 18 million Americans who are public employees for federal, state or local government. It revised the test it had formerly used for public employee speech and, in so doing, dramatically diminished the scope of their rights. This has significant implications not only for the individuals involved, but for the public at large, and for the praxis of democracy in America: by limiting what public employees can say about their workplaces, the Court has reduced the amount …
Constitutional Dignity: Lessons From Home And Abroad, Erin Daly
Constitutional Dignity: Lessons From Home And Abroad, Erin Daly
Erin Daly
The American Supreme Court has long recognized the dignity of states, especially in the recent spate of tenth and eleventh amendment cases. Yet, it has never fully embraced the concept of human dignity as part of its individual rights jurisprudence (though individual justices have done so). By contrast, courts around the world have increasingly recognized human dignity as an important, if not predominant, constitutional right. This article argues that both the American Supreme Court state sovereignty cases and the foreign human dignity cases evince an understanding of human dignity that is rooted in the idea of autonomy and self-determination. Defined …
The New Liberty, Erin Daly
Review Essay: What We Knew Or Should Have Known About The Independent Counsel, Erin Daly
Review Essay: What We Knew Or Should Have Known About The Independent Counsel, Erin Daly
Erin Daly
No abstract provided.
Reconsidering Abortion Law: Liberty, Equality And The New Rhetoric Of Planned Parenthood V. Casey, Erin Daly
Reconsidering Abortion Law: Liberty, Equality And The New Rhetoric Of Planned Parenthood V. Casey, Erin Daly
Erin Daly
Since 1973, the Supreme Court has based the right to abortion on a right to privacy implicit in the Due Process Clauses of the Fifth and Fourteenth Amendments. Despite forceful and increasingly frequent arguments that the harm caused by restrictive abortion laws deny equal protection, at least as much as they impinge on personal privacy, the Court has steadfastly refused to consider abortion in this light. In Planned Parenthood of Southeastern Pennsylvania v. Casey, sowed the seeds for a more nuanced understanding of both liberty and equality. Although the lead opinion is so fractured that, as the maze of concurrences …
The Incremental Harm Doctrine: Is There Life After Masson?, Erin Daly
The Incremental Harm Doctrine: Is There Life After Masson?, Erin Daly
Erin Daly
A defamation is a statement that "tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him." Harm to reputation is the linchpin of American libel law. The incremental harm doctrine applies in libel litigation where the challenged statement causes no significant damage to the plaintiff's reputation beyond the harm caused by the remainder of the publication. If the defendant can show that the publication would have had exactly the same effect on the plaintiff's reputation had the challenged portion been excised, …
Sexual Orientation And Workplace Rights: A Potential Land Mine For Employers?, Erin Daly, Howard Simon
Sexual Orientation And Workplace Rights: A Potential Land Mine For Employers?, Erin Daly, Howard Simon
Erin Daly
No abstract provided.