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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 …