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Full-Text Articles in Law

The Case Against The Case For Zoning, Michael Lewyn Nov 2021

The Case Against The Case For Zoning, Michael Lewyn

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Power points used in a presentation on a work in progress, responding to Christopher Serkin's "Case For Zoning" article at 96 Notre Dame L. Rev. 749.


Constitutional Foundations For Public Health Practice: Key Terms And Principles, Fazal Khan, Marice Ashe Jan 2021

Constitutional Foundations For Public Health Practice: Key Terms And Principles, Fazal Khan, Marice Ashe

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This chapter introduces the structure of the government in the United States and the concept of “separation of powers" among the federal, state, and local governments. It introduces core legal principles from the U.S. Constitution that frame the authority of the government to enact and enforce laws to protect and promote the public's health. These Constitutional principles are essential for the health advocate and leader to understand because every federal, state, and local law must comply with them. The core principles include the enumerated powers of the federal government and the broad plenary powers of state and local governments—which we …


In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird Jan 1979

In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird

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A distinguished constitutional scholar recently pointed out that "many of the important decisions of the Supreme Court of the United States are not based on law in the popular sense of that term." It is true, he noted, that "the court endeavors to identify Constitutional clauses upon which to hang its pronouncements." "[S]ome key words and phrases in the Constitution," however, "are so highly indeterminate that they cannot really qualify as law in any usual sense." Rather, he said, "they are semantic blanks--verbal vacuums that may be filled readily with any one of many possible meanings." Thus, it is not …