The Yale Law Journal

Results for 'locke'

Limiting Locke: A Natural Law Justification for the Fair Use Doctrine

Yale Law Journal - Limiting Locke: A Natural Law Justification for the Fair Use Doctrine Limiting Locke: A Natural Law Justification for the Fair Use Doctrine

Forum: Locked In: The Competitive Disadvantage of Citizen Shareholders

The Yale Law Journal - Forum: Locked In: The Competitive Disadvantage of Citizen Shareholders Locked In: The Competitive Disadvantage of Citizen

Who Locked Us Up? Examining the Social Meaning of Black Punitiveness

Yale Law Journal - Who Locked Us Up? Examining the Social Meaning of Black Punitiveness Who Locked Us Up? Examining the Social Meaning of Black

Forum: Pushed Out and Locked In: The Catch-22 for New York’s Disabled, Homeless Sex-Offender Registrants

The Yale Law Journal - Forum: Pushed Out and Locked In: The Catch-22 for New York’s Disabled, Homeless Sex-Offender Registrants Pushed Out and Locked

Nondelegation at the Founding

discusses John Locke, on whom the Founders placed great reliance and whose writing supports a nondelegation doctrine. Mortenson and Bagley argue that Locke

Forum: Freedom for Religion

533 U.S. at 119-20 (same). There is one notable outlier decision. In Locke v. Davey, 540 U.S. 712 (2004), the Court upheld th… As long ago as 1996, I

Forum: Justice Thomas and the Originalist Turn in Administrative Law

laws are to be made through a process of bicameralism and presentment. Another is implicit in the notion of a limited delegation. To quote Locke via

We the People: Each and Every One

John Locke, in his Second Treatise, observed that “men when they enter into Society, give up the Equality, Liberty, and Executive Power they had in the

De-Schooling Constitutional Law

Locke’s centrality to the American Founding, many intellectual historians have tended to downplay Locke in favor of republican writers like Harrington. See

Forum: AI and Captured Capital

law of property would accord workers property rights to the data created by their labor. John Locke argues that any time an individual invests their