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

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
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