Graduate studies at Western
|Abstract||This essay uses the Mobius strip as a mathematical metaphor for how state "defense of marriage amendments" (DOMAs) can twist the Shelley v. Kraemer contribution to state action doctrine. It argues that Shelley's core insight -- that judicial enforcement of private agreements can constitute state action and must meet federal Fourteenth Amendment commands -- can be used by state judiciaries to hold that state judicial enforcement of private agreements between same sex-couples is a species of state action forbidden by state DOMA. As explored in this essay, the potential doctrinal contortion of Shelley by state DOMAs is at once a testament to the law of unintended consequences, a cautionary tale about state experimentalism, and comment on the aspiration and limits of neutral principles of adjudication.|
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
|Through your library||Only published papers are available at libraries|
Similar books and articles
Robert Nozick (1988). Side Constraints. In Samuel Scheffler (ed.), Consequentialism and its Critics. Oxford University Press.
Charles A. Hart (1940). Philosophy of the State: The Individual; Civil Rights; the Democratic State; the Totalitarian State; the Corporative State; Church and State. [Washington, D.C.,G. Dawe].
Steven Jay Gold (1988). Towards a Marxist Theory of the State. Philosophy Research Archives 14:1-22.
Milton Fisk (1985). The State and the Market in Rawls. Studies in East European Thought 30 (4):347-364.
Charles Sayward & Wayne Wasserman (1981). Has Nozick Justified the State? Pacific Philosophical Quarterly 62:411-415.
John Hasnas (2003). Reflections on the Minimal State. Politics, Philosophy and Economics 2 (1):115-128.
Henry Lowenstein (2001). Two Faces of State University Employment: Ethics in Access to Federal Due Process. Ethics and Behavior 11 (1):39 – 53.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Total downloads1 ( #292,723 of 739,739 )
Recent downloads (6 months)1 ( #61,778 of 739,739 )
How can I increase my downloads?