3,524 research outputs found

    Prices of Rights: Toward a Positive Theory of Unconstitutional Conditions

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    Promulgating the Marriage Contract

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    I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state\u27s decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana\u27s unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system\u27s conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship by the fact that nearly 15 years later none of the remaining states has yet followed Louisiana\u27s lead

    The Myth of the American Welfare State

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    America\u27s Misunderstood Welfare State: PersistentM yths, Enduring Realities. By Theodore R. Marmor,1 Jerry L. Mashaw, and Philip L. Harvey.ttt New York, N.Y. 1990. Pp. xvii, 268. $22.95

    The Spending Power and the Federalist Revival

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    Direct Democracy and Discrimination: A Public Choice Perspective

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    Direct Democracy and Discrimination: A Public Choice Perspective

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    Alienability of Mass Tort Claims

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