Open Access. Powered by Scholars. Published by Universities.®

Organizations Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 361 - 369 of 369

Full-Text Articles in Organizations Law

The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan Jan 2003

The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan

Book Chapters

It is obvious that no anti-discrimination regime can stop at forbidding explicit discrimination of the relevant sort. If only explicit discrimination is forbidden, lawmakers who want to discriminate can hide their discriminatory intentions behind facially neutral classifications that are nonetheless chosen because they differentially burden the protected class. So, we must be prepared to invalidate some facially neutral laws that have "discriminatory effect" or, as American lawyers often call it, "disparate impact." On the other hand, we cannot possibly invalidate all laws which have a disparate impact on a protected class; many perfectly reasonable laws adopted for completely innocent purposes …

Go to article

Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen Jan 2003

Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen

Law Faculty Scholarly Articles

The Equal Protection Clause of the Fourteenth Amendment generally acts as a legal limit on the permissible bounds of government action. Accordingly, public universities and other government entities are constitutionally prohibited from engaging in acts that violate equal protection of the laws. The Supreme Court recently reinforced this point when it ruled, in two related cases, that public universities may consider the race of applicants when making admissions decisions, so long as an applicant's race does not amount to a deciding factor when granting admission. By its very terms, the constitutional limitation imposed by the Equal Protection Clause only directly …

Go to article

Rendering Unto Caesar Or Electioneering For Caesar--Loss Of Church Tax Exemption For Participation In Electoral Politics, Alan L. Feld Jul 2001

Rendering Unto Caesar Or Electioneering For Caesar--Loss Of Church Tax Exemption For Participation In Electoral Politics, Alan L. Feld

Faculty Scholarship

The restriction on church participation in political campaigns contained in the Internal Revenue Code operates uneasily. It appears to serve the useful purpose of separating the spheres of religion and electoral politics. But the separation often is only apparent, as churches in practice signal support for a particular candidate in a variety of rays that historically have not cost them their exemptions. Although the limited enforcement by the Internal Revenue Service has reflected the sensitive nature of the First Amendment values present, the federal government should provide more formal elaboration by statute or regulation. Focus on the use of funds …

Go to article

The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar May 2001

The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar

BYU Law Review

No abstract provided.

Go to article

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian Jan 1999

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian

Faculty Publications

One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …

Go to article

A Widow's Might: Nakaya V. Japan And Japan's Current State Of Religious Freedom, Eric N. Weeks May 1995

A Widow's Might: Nakaya V. Japan And Japan's Current State Of Religious Freedom, Eric N. Weeks

BYU Law Review

No abstract provided.

Go to article

Lobbying Restriction On Section 501(C)(3) Organizations Held Unconstitutional: First Amendment Implications Of Taxation With Representation Of Washington V. Regan, Karen B. Crockett May 1983

Lobbying Restriction On Section 501(C)(3) Organizations Held Unconstitutional: First Amendment Implications Of Taxation With Representation Of Washington V. Regan, Karen B. Crockett

BYU Law Review

No abstract provided.

Go to article

Constitutional Law-Exclusion Of Negroes From Dental Society That Controls Selection Of State Dental Officials Violates The Equal Protection Clause-Hawkins V. North Carolina Dental Society, Michigan Law Review Jan 1967

Constitutional Law-Exclusion Of Negroes From Dental Society That Controls Selection Of State Dental Officials Violates The Equal Protection Clause-Hawkins V. North Carolina Dental Society, Michigan Law Review

Michigan Law Review

Plaintiff, a licensed Negro dentist, was refused admission to the North Carolina Dental Society, a voluntary professional organization that plays a significant role both in the selecting of state dental officials and in the promotion of state dental programs. At the time the plaintiff sought admission to the Society, state statutes empowered the Society to elect the six members of the North Carolina Board of Dental Examiners and to designate the dental representatives to the Medical Care Commission and the Mental Health Council. After the plaintiff brought suit to compel his admission to the Society, the Society persuaded the state …

Go to article

League Of Nations And The Constitution, J M. Matthews Jan 1920

League Of Nations And The Constitution, J M. Matthews

Michigan Law Review

The Covenant for a League of Nations has justly aroused an immense amount of discussion in this country, since it undoubtedly presents to the American nation the most important of the many questions of foreign policy growing out of the Great War. Most of this discussion has dealt with the matter solely from the standpoint of policy or expediency, without noticing the interesting constitutional questions involved. When the Covenant has, on occasion, been considered from the constitutional point of view, such corsideration has generally been merely incidental and the writer's or speaker's views as to the desirability of subscribing to …

Go to article

First Prev