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Articles 1 - 30 of 30
Full-Text Articles in Law
The Politics Of Property And Need, Laura S. Underkuffler
The Politics Of Property And Need, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Book Review Of American Property: A History Of How, Why, And What We Own, By Stuart Banner, Laura S. Underkuffler
Book Review Of American Property: A History Of How, Why, And What We Own, By Stuart Banner, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Criminal Sanctions In Connecticut, Kate Stith, Laura Underkuffler
Criminal Sanctions In Connecticut, Kate Stith, Laura Underkuffler
Laura S. Underkuffler
Each year the Connecticut Bar Foundation conducts two symposia on issues of concern to the Bar of the State of Connecticut. The goal of each symposium is to bring together 40-45 people who are knowledgeable about the issue at hand, for a discussion of the problem and possible solutions. In this report, we summarize the proceedings and discuss some of the issues raised by the Connecticut Bar Foundation symposium held on May 6, 1989 at the Yale Law School. This symposium dealt with sanctions for the commission of crimes - an issue of concern both to members of the Bar …
Teaching Property Stories (Book Review), Laura Underkuffler
Teaching Property Stories (Book Review), Laura Underkuffler
Laura S. Underkuffler
Reviewing Property Stories (Gerald Korngold & Andrew P. Morris eds., 2004))
Yoder And The Question Of Equality, Laura S. Underkuffler
Yoder And The Question Of Equality, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Takings And The Nature Of Property, Laura S. Underkuffler
Takings And The Nature Of Property, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler
Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler
Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Property: A Special Right, Laura S. Underkuffler
Property: A Special Right, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
Laura S. Underkuffler
Presented at the 2004 Brigham-Kanner Property Rights Conference.
On Property: An Essay, Laura S. Underkuffler
On Property: An Essay, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
A Statement Of Progressive Property, Gregory S. Alexander, Eduardo M. Peñalver, Joseph W. Singer, Laura S. Underkuffler
A Statement Of Progressive Property, Gregory S. Alexander, Eduardo M. Peñalver, Joseph W. Singer, Laura S. Underkuffler
Laura S. Underkuffler
What would a progressive theory of property look like? Although such a theory might take root within any number of specific normative frameworks, this Statement of Progressive Property outlines several features progressive theories of property should have in common. The Statement argues that we should understand property as both an idea and an institution, that property confers power and shapes community, both in its legal and social dimensions, and that property should be understood as serving plural and incommensurable values whose accommodation is possible through reasoned deliberation and practical judgment.
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Laura S. Underkuffler
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Individual Conscience And The Law, Laura S. Underkuffler
Individual Conscience And The Law, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
The Just And The Wild, Laura S. Underkuffler
The Just And The Wild, Laura S. Underkuffler
Laura S. Underkuffler
The question of the extent to which previously recognized property rights should continue to be protected has undoubtedly bedeviled every legal system that has attempted to address it. On the one hand, the legal idea of property reflects a broad societal commitment to the continued honoring of historically based entitlements on which individuals depend. On the other hand, every complex society is acutely aware of the inadequacy of the simple idea of the legal protection of existing rights as a response to human poverty, environmental degradation, and other critical problems. This issue of who has what - or who can …
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler
Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler
Laura S. Underkuffler
Recently, claims have been asserted that religious exemptions should be afforded to individuals who object to providing public and commercial services to gay and lesbian individuals, as otherwise mandated by law (e.g., municipal clerks who must grant same-sex marriage licenses, or commercial vendors who are asked to serve at same-sex weddings). This article argues that just as religious exemptions of this sort are not granted for discrimination on the basis of race, religion, national origin, or gender, they should not be granted for discrimination on the basis of sexual orientation or transgender status. Discrimination on the basis of an individual's …
The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
Laura S. Underkuffler
In Zelman v. Simmons-Harris, the United States Supreme Court held-by a vote of 5 to 4-that the funding of religious schools with taxpayer money through voucher programs does not violate the Establishment Clause of the United States Constitution. Emboldened by this success, voucher proponents now attack state constitutional provisions (often called "Blaine Amendments") that prohibit taxpayer funding of religious schools. These state provisions, which may stand in the way of religious-school voucher programs, are attacked as violative of the federal Constitution, rooted in anti-religious bias, or otherwise illegal or unwise. It is my view that efforts to force states to …
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
‘Davey’ And The Limits Of Equality, Laura Underkuffler
‘Davey’ And The Limits Of Equality, Laura Underkuffler
Laura S. Underkuffler
No abstract provided.
Judge Gerald W. Heaney: An Admired And Respected Jurist, Mentor, And Friend, Laura Underkuffler
Judge Gerald W. Heaney: An Admired And Respected Jurist, Mentor, And Friend, Laura Underkuffler
Laura S. Underkuffler
No abstract provided.
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler
Laura S. Underkuffler
No abstract provided.
Lessons From Outlaws, Laura S. Underkuffler
Lessons From Outlaws, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Tahoe's Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler
Tahoe's Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler
Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.