Faculty Bibliography
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This paper was first conceived for an audience of Canadian lawyers and judges. It was presented at a symposium held in July, 1985, in Cambridge, England, under the sponsorship of the Canadian Institute For Advanced Legal Studies. A part of the background is the recent "coming into force" in (March, 1985) of Section 15 of the Canadian Charter of Rights and Freedoms, a constitutional provision bearing clear analogy with the equal protection guarantees of the U.S. Constitution. The Canadians, preparing for a new constitutional undertaking, were understandably interested in learning about the various approaches to legally guaranteed "equality" that had risen out of the U.S. experience, and the author prepared this paper in response to that interest. The U.S. experience has, of course, been deeply and crucially shaped and driven by the centrality of race and racism in our country's history--a fact reflected in the paper as it moves on from its initial consideration of "formal" notions of legal equality to that of "substantive" ones.
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The aims of law-and-economics, the study of the interactions of law, economic activity, and human behavior, are not the dominantly important aims of legal scholarship today and are of limited value when compared with other legal scholarship needs.
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Duncan Kennedy & Frank Michelman, Are Property and Contract Efficient, 8 Hofstra L. Rev. 711 (1980).
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Duncan Kennedy & Frank Michelman, Are Property and Contract Efficient, 8 Hofstra L. Rev. 711 (1980).
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As new constitutional doctrines are developed to guarantee individuals various minima of existence, housing-- which was called a "necessity of life" by the Supreme Court as early as 1921--is being subjected to increasing legal scrutiny. Professor Michelman sketches the panoply of housing rights which seem to be emerging from court and administrative decisions, noting the likelihood of each right and the possible implications.