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Lee v. Weisman: Paradox Redux
(Supreme Court Review, 1992)
For more than two decades, the Supreme Court's Establishment Clause jurisprudence was "at war with" its Free Exercise jurisprudence. In recent years, however, two major decisions--"Employment Division v. Smith" and "Lee ...
A Theoretic Analysis of Corporate Auctioneers Liability Regimes
(Wisconsin Law Review, 1992)
In Schneider v. Lazard Freres & Co. a New York appellate court greatly expanded the liability of investment advisers working as corporate auctioneers. Under this new legal regime, auctioneer/advisers accused of simple ...
Natural Law in the States
(Cincinnati Law Review, 1992)
Two of our most cherished constitutional myths are that we are, more or less, carrying on the constitutional traditions of the framers, and that the framers' most significant innovation was the invention of a written ...
Book Review: U.S. Energy and Environmental Interest Groups by Lettie Wenner
(Stanford Environmental Law Journal, 1992)
Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The ...
The Forgotten Victims
(University of Colorado Law Review, 1992)
The attention and hand-wringing lavished on race relations by Aleinikoff and many others obscures the fact that by every measurement of formal equality, and by many measures of substantive equality, white women are further ...
U.S. Energy and Environmental Interest Groups: Institutional Profiles
(Stanford Environmental Law Journal, 1992)
Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The ...
Rights Talk: Must We Mean What We Say?
(Law and Social Inquiry, 1992)
Mary Ann Glendon has written a powerful and persuasive diagnosis of the ills besetting modern American society. Unlike many other commentators, Glendon refuses to lay the blame on any single group or institution but spreads ...
The Ghost of Liberalism Past
(Harvard law Review, 1992)
We the People is an ambitious book by one of our best constitutional theorists. Part one of a projected three-volume series, it aims at nothing less than a re-envisioning of American constitutional history and promises a ...
Multijurisdictional Estates and Article II of the Uniform Probate Code
(Albany Law Review, 1992)
The prefatory note to the 1990 revisions of article II of the Uniform Probate Code ("UPC") indicates that the changes wrought are a response to several developments since the promulgation of the UPC in 1969. The prefatory ...
Income Tax Rhetoric (or Why Do We Want Tax Reform?)
(Wisconsin Law Review, 1992)
The 1992 presidential election is over but the United States economy still faces hard times. Each man who hoped to lead us promised to revive our sick economy, and each cure promised included a strong dose of tax reform. ...