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Full-Text Articles in Law
Monopolies And The Constitution: A History Of Crony Capitalism, Steven G. Calabresi
Monopolies And The Constitution: A History Of Crony Capitalism, Steven G. Calabresi
Steven G Calabresi
This article explores the right of the people to be free from government granted monopolies or from what we would today call “Crony Capitalism.” We trace the constitutional history of this right from Tudor England down to present day state and federal constitutional law. We begin with Darcy v. Allen (also known as the Case of Monopolies decided in 1603) and the Statute of Monopolies of 1624, both of which prohibited English Kings and Queens from granting monopolies. We then show how the American colonists relied on English rights to be free from government granted monopolies during the Revolutionary War …
Religion And The Equal Protection Clause, Steven G. Calabresi, Abe Salander
Religion And The Equal Protection Clause, Steven G. Calabresi, Abe Salander
Steven G Calabresi
This article argues that state action that discriminates on the basis of religion is unconstitutional under the Equal Protection Doctrine even if it does not violate the Establishment Clause or the Free Exercise Clause as incorporated by the Fourteenth Amendment. State action that discriminates on the basis of religion should be subject to strict scrutiny and should almost always be held unconstitutional. We thus challenge the Supreme Court’s recent decision in Christian Legal Society v. Martinez in which a 5 to 4 majority of the Court wrongly allowed a California state school to discriminate against a Christian Legal Society chapter …
State Bills Of Rights In 1787 And 1791: What Individual Rights Are Really Deeply Rooted In American History And Tradition?, Steven G. Calabresi, Sarah E. Agudo, Kathryn L. Dore
State Bills Of Rights In 1787 And 1791: What Individual Rights Are Really Deeply Rooted In American History And Tradition?, Steven G. Calabresi, Sarah E. Agudo, Kathryn L. Dore
Steven G Calabresi
This article examines State Bills of Rights in 1787 and 1791 when the federal Constitution and Bill of Rights were adopted. We seek to answer the question of what fundamental rights are really deeply rooted in American history and tradition by examining the State Bill of Rights culture at the time of the Framing. The U.S. Supreme Court has repeatedly said that substantive due process protects individual rights that are deeply rooted in American history and tradition. This article helps to shed light on what those rights are. It builds on a Texas Law Review article Professor Calabresi published in …
Originalism And Loving V. Virgina, Steven G. Calabresi, Andrea Matthews
Originalism And Loving V. Virgina, Steven G. Calabresi, Andrea Matthews
Steven G Calabresi
This article makes an originalist argument in defense of the Supreme Court’s holding in Loving v. Virginia that antimiscegenation laws are unconstitutional. This article builds on past work by Professor Michael McConnell defending Brown v. Board of Education on originalist grounds and by Professor Calabresi defending strict scrutiny for gender classifications on originalist grounds. Professor Calabresi’s work in this area was defended and praise recently by Slate magazine online. The article shows that Loving v. Virginia is defensible using the public meaning originalism advocated for by Justices Antonin Scalia and Clarence Thomas. This article shows that the issue in Loving …