October 2006 Vol. 105 No. 1 THE REVIEW
ARTICLES

The Kerr Principle, State Action, and Legal Rights

Don Herzog

A Baltimore library refused to admit Louise Kerr to a training program because she was black. Not that it had anything against blacks, but its patrons did. When Kerr launched a civil suit against the library alleging a violation of equal protection of the laws, the courts credited the library’s claim that it had no racist purpose, but Kerr still prevailed—even though the case occurred before Title VII and Brown v. Board of Education. Here a neutral and generally applicable rule (“serve the patrons”), when coupled with particular facts about private parties (the white patrons dislike blacks), yielded an unconstitutional outcome.

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Inside the Administrative State: A Critical Look at the Practice of Presidential Control

Lisa Schultz Bressman & Michael P. Vandenbergh
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The Neglected Political Economy of Eminent Domain

Nicole Stelle Garnett
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NOTES

Evolving Objective Standards: A Developmental Approach to Constitutional Review of Morals Legislation

Christian J. Grostic

“[T]he fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice . . . .”

With this single sweeping statement in Lawrence v. Texas, the Supreme Court threw the validity of an entire class of laws and a long line of precedents into doubt. In dissent, Justice Scalia asserted that “[t]his effectively decrees the end of all morals legislation.” “State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are . . . sustainable only in light of Bowers’ validation of laws based on moral choices. Every single one of these laws is called into question by today’s decision . . . .”

 

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There's No "I" in "League": Professional Sports Leagues and the Single Entity Defense

Nathanial Grow
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Conscripting Attorneys to Battle Corporate Fraud without Shields or Armor? Reconsidering Retaliatory Discharge in Light of Sarbanes-Oxley

Kim T. Vu
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& Other Current Events

Fall Submission Season

MLR’s Articles Office will open its fall submission season on Monday, August 18!  The Articles...

The Ninth Circuit's Treatment of Sexual Orientation: Defining “Rational Basis Review with Bite”

On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional...

Inhibiting Intrastate Inequalities: A Congressional Approach to Ensuring Equal Opportunity to Finance Public Education

The United States has exhibited a strong commitment to public education throughout its history. The local...

War Is Governance: Explaining the Logic of the Laws of War from a Principal-Agent Perspective

What is the purpose of the international law on armed conflict, and why would opponents bent on destroying...

Tariffication of the Coastwise Trade Laws

The coastwise trade laws prohibit foreign vessels and mariners from transporting goods or passengers...
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