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Articles 1 - 6 of 6
Full-Text Articles in Law
Court Of Appeals Of New York: Hurrell-Harring V. State, Andrew W. Koster
Court Of Appeals Of New York: Hurrell-Harring V. State, Andrew W. Koster
Touro Law Review
No abstract provided.
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Federal Governmental Power: Preemption From The October 2008 Term (Twenty-First Annual Supreme Court Review & Selected Excerpts: Practicing Law Institutes Twenty-Sixth Annual Section 1983 Civil Rights Litigation Program), Eileen Kaufman
Eileen Kaufman
No abstract provided.
The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman
The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
It is hard to foresee much happiness in the lot of those seeking the original meaning of the Religion Clauses. We may acknowledge the opacity of the historical record, the variety of viewpoints held by founders forgotten and non-forgotten, the humanness of the founders who did not always practice what they preached, even the basic indeterminancy of language; still, we are seduced by the siren song of interpretive certainty. But the search for greater clarity is not without its payoff. As the three books under review here illustrate, the more we look for answers in the historical record, the more …
State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries
State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries
Law Faculty Scholarly Articles
This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …
Judicial Takings And Collateral Attacks On State Court Property Decisions, Stacey Dogan
Judicial Takings And Collateral Attacks On State Court Property Decisions, Stacey Dogan
Faculty Scholarship
In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection,1 the U.S. Supreme Court divided over the question whether takings alleged to have occurred as a result of judicial action should be treated identically to takings by legislative or executive actors. In this essay, we accept the plurality’s basic contention that it makes little sense to treat judicial takings of property categorically differently than takings by other branches of government. If a judge decided to condemn property for a highway project, for example, we agree with Justice Scalia that the Constitution would compel compensation, just as it does …