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Articles 9181 - 9210 of 11523
Full-Text Articles in Law
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Articles
The article critiques the Supreme Court's inconsistent approach to affirmative action, particularly its adoption of the strict scrutiny test in *City of Richmond v. J.A. Croson Co.*, which has led to confusion and conflict in equal protection jurisprudence. The author argues that the strict scrutiny test is an inadequate framework for addressing affirmative action cases, advocating instead for a substantive equality approach centered on the principle of equality of opportunity. This approach would better address the complexities of systemic discrimination and its multifaceted effects, as highlighted by Justice Marshall's ecological mode of interpretation in *Croson*. The article ultimately challenges the …
The First Amendment And Cognition: A Response, Cass R. Sunstein
The First Amendment And Cognition: A Response, Cass R. Sunstein
Articles
No abstract provided.
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Articles
No abstract provided.
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Articles
No abstract provided.
Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam
Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam
Articles
No abstract provided.
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Articles
Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute public …
Discipline Of Clear Expression, Donald L. Burnett Jr.
The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller
The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller
Articles
No abstract provided.
An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner
An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner
Articles
No abstract provided.
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
Articles
No abstract provided.
Interpreting Statutes In The Regulatory State, Cass R. Sunstein
Interpreting Statutes In The Regulatory State, Cass R. Sunstein
Articles
Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …
Low Value Speech Revisited, Cass R. Sunstein
Six Theses On Interpretation Symposium, Cass R. Sunstein
Six Theses On Interpretation Symposium, Cass R. Sunstein
Articles
No abstract provided.
Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker
Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker
Articles
No abstract provided.
Countervailing Duty Law: An Economic Perspective, Alan O. Sykes
Countervailing Duty Law: An Economic Perspective, Alan O. Sykes
Articles
No abstract provided.
Equality Versus Discretion In Sentencing, Frank H. Easterbrook
Equality Versus Discretion In Sentencing, Frank H. Easterbrook
Articles
No abstract provided.
Reformulating Tort Reform, Alan O. Sykes
International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood
International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood
Articles
No abstract provided.
Discovery As Abuse, Frank H. Easterbrook
Efficient Capital Markets The Crash And The Fraud On The Market Theory, Daniel R. Fischel
Efficient Capital Markets The Crash And The Fraud On The Market Theory, Daniel R. Fischel
Articles
No abstract provided.
Unfair Trade Injury: A Competition-Based Approach, Diane P. Wood
Unfair Trade Injury: A Competition-Based Approach, Diane P. Wood
Articles
No abstract provided.
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Articles
No abstract provided.
The Origins And Historical Understanding Of Free Exercise Of Religion, Michael W. Mcconnell
The Origins And Historical Understanding Of Free Exercise Of Religion, Michael W. Mcconnell
Articles
No abstract provided.
Afterword: On Being A Commercial Court, Frank H. Easterbrook
Afterword: On Being A Commercial Court, Frank H. Easterbrook
Articles
No abstract provided.
The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin
The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin
Articles
No abstract provided.
The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler
The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler
Articles
No abstract provided.
Presidential Review, Frank H. Easterbrook
The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel
The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Justice Across The Generations, Richard A. Epstein
Postscript: Subjective Utilitarianism, Richard A. Epstein
Postscript: Subjective Utilitarianism, Richard A. Epstein
Articles
No abstract provided.