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Articles 1 - 6 of 6
Full-Text Articles in Law
Law's Autonomy, Ashok Agrwaal
Law's Autonomy, Ashok Agrwaal
Ashok Agrwaal
Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into …
Municipal Overreaching; Federal Preemption As It Applies To Town Ordinances Outlawing The Rental Of Housing To Undocumented Aliens, Hayden Patrick O'Byrne
Municipal Overreaching; Federal Preemption As It Applies To Town Ordinances Outlawing The Rental Of Housing To Undocumented Aliens, Hayden Patrick O'Byrne
Hayden Patrick O'Byrne
Within the past year or so a handful of towns around the United States have passed ordinances prohibiting undocumented aliens from renting housing. This paper explores how these ordinances are incompatible with the Federal Immigration Scheme and preempted by Federal Law.
Appropriate Conduct: The Constitutionality Of The Missouri Legislature's Appropriations For The State Family Planning Program, Jessica L. Conlon
Appropriate Conduct: The Constitutionality Of The Missouri Legislature's Appropriations For The State Family Planning Program, Jessica L. Conlon
Missouri Law Review
Each year, approximately 7.4 million American women obtain contraceptive and reproductive health care from government-funded family planning programs. According to the Alan Guttmacher Institute, these programs, which primarily serve women who are "young, unmarried, less-educated or poor," help 1.3 million women avoid unintended pregnancies in an efficient use of taxpayer dollars. Despite the substantial benefits of family planning programs, they are not without their critics. Abortion opponents often challenge publicly-funded family planning programs because some organizations that provide family planning services also provide abortions. Their concern is that, by funding family planning services in those organizations that also provide abortions, …
The Lethal Injection Quandary: How Medicine Has Dismantled The Death Penalty, Deborah W. Denno
The Lethal Injection Quandary: How Medicine Has Dismantled The Death Penalty, Deborah W. Denno
Fordham Law Review
On February 20, 2006, Michael Morales was hours away from execution in California when two anesthesiologists declined to participate in his lethal injection procedure, thereby halting all state executions. The events brought to the surface the long-running schism between law and medicine, raising the question of whether any beneficial connection between the professions ever existed in the execution context. History shows it seldom did. Decades of botched executions prove it. This Article examines how states ended up with such constitutionally vulnerable lethal injection procedures, suggesting that physician participation in executions, though looked upon with disdain, is more prevalent--and perhaps more …
Is Compulsory Court-Annexed Medical Malpractice Arbitration Constitutional? How The Debate Reflects A Trend Towards Compulsion In Alternative Dispute Resolution, Matthew Parrott
Fordham Law Review
No abstract provided.
"Failure To Pay Any Poll Tax Or Other Tax": The Constitutionality Of Tax Felon Disenfranchisement, Sloan G. Speck
"Failure To Pay Any Poll Tax Or Other Tax": The Constitutionality Of Tax Felon Disenfranchisement, Sloan G. Speck
Publications
If the government convicts a citizen under the tax evasion provisions of the Internal Revenue Code, some state disenfranchisement laws preclude that citizen — now a felon — from voting. In this sense, the right to vote depends on the payment of federal income taxes. The Constitution's Twenty-Fourth Amendment, however, guarantees that the federal franchise “shall not be denied or abridged... by reason of failure to pay any poll tax or other tax.” If “other tax” includes income taxes, the text of the Twenty-fourth Amendment appears to prohibit the disenfranchisement of citizens convicted of tax felonies. This Comment argues that …