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Articles 1 - 10 of 10
Full-Text Articles in Law
Identity Politics And The Second Amendment, Michael C. Dorf
Identity Politics And The Second Amendment, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
Cornell Law Faculty Publications
Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …
After Bureaucracy, Michael C. Dorf
After Bureaucracy, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Interpretive Holism And The Structural Method, Or How Charles Black Might Have Thought About Campaign Finance Reform And Congressional Timidity, Michael C. Dorf
Interpretive Holism And The Structural Method, Or How Charles Black Might Have Thought About Campaign Finance Reform And Congressional Timidity, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions, Gregory C. Sisk, Michael Heise, Andrew P. Morriss
Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions, Gregory C. Sisk, Michael Heise, Andrew P. Morriss
Cornell Law Faculty Publications
During the past half century, constitutional theories of religious freedom have been in a state of great controversy, perpetual transformation, and consequent uncertainty. Given the vitality of religious faith for most Americans and the vigor of the enduring debate on the proper role of religious belief and practice in public society, a searching exploration of the influences upon judges in making decisions that uphold or reject claims implicating religious freedom is long overdue. Many thoughtful contributions have been to the debate about whether judges should allow their religious beliefs to surface in the exercise of their judicial role. Yet much …
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
Cornell Law Faculty Publications
No abstract provided.
What Future Democracy?, Aziz Rana
What Future Democracy?, Aziz Rana
Cornell Law Faculty Publications
The threat posed by Aids to the development of democracy in Africa plays no part in current discussions of the impact of the disease.
Davey And The Limits Of Equality, Laura S. Underkuffler
Davey And The Limits Of Equality, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.