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Full-Text Articles in Law

New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler Jan 2019

New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler

Faculty Scholarship

By reconstructing the anxious, constitutional dialogue that shaped the administration of military manpower under President Eisenhower’s New Look, this Article explores the role that administrative constitutionalism played in the development of the American national-security state, a state that became both more powerful and more legalistic during the pivotal years of the Cold War. The Article also questions the frequent identification of administrative constitutionalism with the relative autonomy and opacity of the federal bureaucracy. The back-and-forth of administrative constitutionalism continually recalibrated the degree of autonomy and opacity that characterized the draft apparatus. This evidence suggests that bureaucratic autonomy and opacity may …


Conflicted Mutual Fund Voting In Corporate Law, Sean J. Griffith, Dorothy S. Lund Jan 2019

Conflicted Mutual Fund Voting In Corporate Law, Sean J. Griffith, Dorothy S. Lund

Faculty Scholarship

Recent Delaware jurisprudence establishes a disinterested vote of shareholders as the pathway out of heightened judicial scrutiny. The stated rationale for this policy is that shareholders, the real party at interest, are better protected by the ballot box than by the courtroom. As long as informed, disinterested shareholders with an economic stake in the outcome of the vote can effectively express their preferences through voting — the court need not scrutinize the underlying transaction. Rather, it can defer to the outcome under the business judgment rule.

But shareholder voting is not always as direct as this reasoning implies. Instead, voting …


Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders Jan 2016

Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders

Brooklyn Law Review

In 2012, the U.S. Court of Appeals for the Sixth Circuit ruled that Michigan voters had violated principles of the fair lawmaking process when they amended their state constitution to prohibit race-conscious affirmative action in public university admissions, reasoning that the amendment, known as “Proposal 2,” constituted a political restructuring that had violated the Equal Protection Clause by disadvantaging African Americans from being able to equally access political change. However, the Sixth Circuit was careful to avoid saying that Proposal 2 created a racial classification or was motivated by a purpose of discriminating on the basis of race. Instead, consistent …


The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz Dec 2014

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz

Touro Law Review

No abstract provided.


Public Ruses, James E. Krier, Christopher Serkin Jan 2004

Public Ruses, James E. Krier, Christopher Serkin

Articles

The public use requirement of eminent domain law may be working its way back into the United States Constitution. To be sure, the words "public use" appear in the document-and in many state constitutions as well, but the federal provision applies to the states in any event-as one of the Fifth Amendment's limitations on the government's inherent power to take private property against the will of its owners. (The other limitation is that "just compensation" must be paid, of which more later.) Any taking of private property, the text suggests, must be for public use. Those words, however, have amounted …


But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White Jan 2001

But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White

Fordham Journal of Corporate & Financial Law

No abstract provided.


Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry Apr 1996

Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Surviving Enhanced Judicial Scrutiny Of Directors' Decisions--Reaching The Protection Of The Business Judgment Rule, Terry M. Jarrett Jun 1995

Surviving Enhanced Judicial Scrutiny Of Directors' Decisions--Reaching The Protection Of The Business Judgment Rule, Terry M. Jarrett

Missouri Law Review

In the merger and acquisition craze of the 1980's, it became increasingly apparent that shareholders needed protection from directors who were not always acting in the best interests of the corporation. This note traces the history of the enhanced judicial scrutiny doctrine and explores the difficulty boards of directors face in characterizing and analyzing the myriad of transactions and events which may occur in a merger or sale scenario. Then, possible courses of action such boards may take to protect themselves are discussed.


Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis Jun 1985

Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis

Dalhousie Law Journal

Universities have recently been subjected to increased demands for judicial scrutiny of the conduct of their affairs, especially in the area of procedural review. Much of the academic writing has concentrated on these developments as they affect the academic staff of the university.' This article seeks to redress the balance by considering procedural fairness in the context of university decision-making as it affects students. A study of university decision-making provides a useful framework for a more general consideration of the new approach to "procedural fairness" with its emphasis on balancing the nature of the decisions against the competing interests of …