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The First Amendment's purpose.
April 1, 2001... There is a problem in the basic structure of current free speech law. Consider two simple cases:
(A) A is ticketed for speeding. He claims a First Amendment violation. He argues--and this is his only argument--that a higher speed limit...
Market discrimination and groups.
April 1, 2001... INTRODUCTION
I have two broad goals in this essay. My first goal is to clarify, refine, and extend an argument I have made on a number of prior occasions that it is appropriate to think of the norm against discrimination in the marketplace...
Understanding the reasons for and impact of legislatively mandated benefits for selected workers.(response to Christine Jolls, Stanford Law Review, vol. 53, p. 223, 2000)
April 1, 2001... I. INTRODUCTION
Judging by the long and growing list of relevant federal initiatives, the demand for legislative measures designed to benefit workers must be quite strong. Federal law facilitates the unionization of workforces, establishes...
Resuscitating the constitutional "theory" of academic freedom: a search for a standard beyond Pickering and Connick.(Pickering v. Board of Education, Connick v. Myers)
April 1, 2001... INTRODUCTION
When "the most active and inquiring intellects find it advisable to keep the general principles and grounds of their convictions within their own breasts," John Stuart Mill once wrote, "the price paid for this sort of...
Father time: flexible work arrangements and the law firm's failure of the family.
April 1, 2001... Kevin Knussman was not asking for much. His wife was suffering medical complications from childbirth, and his newborn daughter needed his care. Knussman went to his employer and sought twelve weeks of paternity leave under the Family and...
Of kitsch and kachinas: a critical analysis of the Indian Arts and Crafts Act of 1990.
April 1, 2001... INTRODUCTION
Measured by the symbolic arithmetic of identity politics, 1990 certainly seemed a good year to be an Indian.(1) On prime-time television, Native American actress Elaine Miles portrayed the serene, wise, and mystical Marilyn...
Counting on the Census? Race, Group Identity, and the Evasion of Politics.(Review)
April 1, 2001... COUNTING ON THE CENSUS?: RACE, GROUP IDENTITY, AND THE EVASION OF POLITICS. By Peter Skerry.([dagger]) Washington, D.C.: Brookings. 2000. 248 pp. $25.95.
In a year that included a presidential election that was too close to call and a...