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Full-Text Articles in Law
Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler
Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Faculty Scholarship
Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …
Blackmailers, Bribe Takers, And The Second Paradox, Sidney Delong
Blackmailers, Bribe Takers, And The Second Paradox, Sidney Delong
Faculty Articles
An adequate theoretical justification for the prohibition of blackmail should explain both of its paradoxes. However, a review of contemporary theories of blackmail shows that they are able neither to explain why blackmail is criminalized nor to rationalize the different treatment of blackmail and bribery. This review suggests that the paradoxes of blackmail may not yield to rational analysis. In contrast to deductive analyses premised on rights or economics, this paper offers an account of bribery and blackmail that is premised on their different social meanings. The author suggests that the legal and moral treatment of bribery and blackmail spring …
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Constitutional Law
No abstract provided.