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Articles 1 - 14 of 14
Full-Text Articles in Law
State Action Doctrine And The Logic Of Constitutional Containment, Jud Mathews
State Action Doctrine And The Logic Of Constitutional Containment, Jud Mathews
Jud Mathews
Deriding the state action doctrine is one of the great pastimes of American constitutional law. It has been described as a shamble and "incoherent." On its face, the core concept seems straightforward enough constitutional rights are rights against the government. But what counts as the "state action" that triggers the protection of rights seems to shift, maddeningly, from case to case in the Supreme Court's state action jurisprudence.In this article, I aim to help make some sense of why the state action doctrine has developed as it has by setting it in a comparative and historical frame. It can be …
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Fourteenth Amendment And The Unconstitutionality Of Secession, Daniel A. Farber
The Fourteenth Amendment And The Unconstitutionality Of Secession, Daniel A. Farber
Daniel A Farber
To understand fully the relevance of the first two clauses of the Fourteenth Amendment to secession, we need to examine the antebellum disputes about citizenship and sovereignty, the subject of Part II below. Issues about citizenship arose in the context of specific disputes about naturalization, expatriation, and the rights of freedmen, but they implicated conflicts over the seat of allegiance and the nature of the Union. Part III turns to the Reconstruction debates and shows how they reflect a fundamentally nationalistic view of citizenship. The Reconstruction Amendments to the Constitution were connected with a powerful vision of national citizenship and …
The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven Cleveland
The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven Cleveland
Steven J. Cleveland
No abstract provided.
No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang
No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang
Emily Chiang
In an era in which seemingly no institutions are immune from privatization, determining the boundaries of state action has never been more important. This Article seeks to clarify the doctrine of state action as applied to publicly-funded, privately-run institutions serving individuals involuntarily placed there by the state. It does so by using disciplinary alternative schools as a classic example of one such institution, wherein the individuals served have constitutional rights that are both particularly vulnerable to infringement and which cannot be vindicated without a finding of state action. In particular, the Article (1) introduces the phenomena of disciplinary alternative schools …
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Martin A. Schwartz
No abstract provided.
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Section 1983 In The Second Circuit, Martin A. Schwartz
Section 1983 In The Second Circuit, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
New Issues Arising Under Section 1983, Martin A. Schwartz
New Issues Arising Under Section 1983, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
Christopher W. Schmidt
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and …
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
Luke A. Boso
In May 2004, the Food and Drug Administration (FDA) announced a final rule to be published in the Federal Register that would establish eligibility criteria for persons seeking to donate sperm and other human cells and tissues. Concurrently, the FDA issued a draft guidance document that provides recommendations for complying with the requirements, listing men who have had sex with another man in the preceding 5 years (MSMs) as the number one risk factor. The FDA does not, however, make a distinction between MSMs who practice safe sex and those who have unprotected sex, nor does it identify men who …
Illiberal Education: Constitutional Constraints On Homeschooling, Kimberly Alexandra Yuracko
Illiberal Education: Constitutional Constraints On Homeschooling, Kimberly Alexandra Yuracko
Kimberly Yuracko
Homeschooling in America is no longer a fringe phenomenon. Estimates indicate that well over a million children are currently being homeschooled. Although homeschoolers are a diverse group, the homeschooling movement has come to be defined and dominated by its fundamentalist Christian majority many of whom choose to homeschool in order to shield their children from secular influences and liberal values. In response to political pressure from this group states are increasingly abdicating control and oversight over homeschooling. Modern day homeschooling raises then in stark form questions about the obligations that states have toward children being raised in illiberal subgroups. Surprisingly, …
Troubled Doctrine, Extraordinary Deference: The State Action Requirement And Amateur Sports, Dionne L. Koller
Troubled Doctrine, Extraordinary Deference: The State Action Requirement And Amateur Sports, Dionne L. Koller
Dionne L. Koller
The state action doctrine has been criticized for decades. Among the criticisms is that the doctrine as applied will fail to account for changing realities in the exercise of state power. Building on this criticism, this article makes the claim that the state action doctrine’s failure to account for the realities of increased state power in amateur sports has important consequences for the amateur athletes and others who are regulated by ostensibly private organizations such as the National Collegiate Athletic Association (NCAA), the United States Olympic Committee (USOC), and the United States Anti-Doping Agency (USADA). While some commentators previously have …