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Articles 1 - 2 of 2
Full-Text Articles in Law
Preserving Life By Ranking Rights, John William Draper
Preserving Life By Ranking Rights, John William Draper
Librarian Scholarship at Penn Law
Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.
The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …
Legislative History Is Dead; Long Live Legislative History, Genevieve B. Tung
Legislative History Is Dead; Long Live Legislative History, Genevieve B. Tung
Librarian Scholarship at Penn Law
Review of Victoria Nourse, Misreading Law, Misreading Democracy (Harvard 2016)