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The Powers And The Duties Of Government, John H. Garvey
The Powers And The Duties Of Government, John H. Garvey
Scholarly Articles
The government often tries to control people's behavior by the way it hands out benefits. The most common objection to this practice is that it violates the rights of beneficiaries.' I want to make a simple observation about these "rights" cases. We used to treat the violation of rights as a question about the government's power. Now we treat it as a question about the government's duty. This shift in perspective is an important change. If we attend to it, we will be less perplexed by the problem of unconstitutional conditions. Though my point is simple, I will go to …
Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley
Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley
Scholarly Articles
The thesis of this Article is that, now conscripted into the fray, the NLRB must consider free speech and association values embodied in the Constitution and laws when deciding Taft-Hartley dues objector issues. Only then can the NLRB fulfill its congressional mandate, recently discovered and described in Beck, to develop a coherent body of law that accommodates potentially explosive confrontations between dues objectors' right of free expressive association and the union majority's statutory right to organize and bargain collectively on behalf of all represented employees, including dues objectors.
To develop this thesis, the threshold task is to demonstrate that although …
Developments In The Law Of Church-State Relations: The 1987 Term Of The United States Supreme Court, Robert A. Destro
Developments In The Law Of Church-State Relations: The 1987 Term Of The United States Supreme Court, Robert A. Destro
Scholarly Articles
No abstract provided.
The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski
The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski
Scholarly Articles
This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience.
This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …