Social and Behavioral Sciences Commons^™

Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener

Stewart M. Wiener

Substantive due process protection of the property rights of landowners against arbitrary government decisionmaking is integral to the Due Process Clause of the Fourteenth Amendment. Federal courts have taken divergent paths in addressing the nature of the property interest required to state a substantive due process claim, and the standard by which arbitrary and capricious government conduct is evaluated. Under substantive due process, an allegation of arbitrary government conduct should be evaluated under a meaningful standard, rather than the unthinking deference of the rational basis test. Strong protection of property interests protects the civil rights of individuals, rather than protecting …

Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit

Nancy Levit

It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.

The primary purpose of this article is to suggest …

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.