This article examines the lack of judicial consistency in applying the Unconstitutional Conditions doctrine with regard to the same constitutional guarantee but involving different public benefits. Professor Nice posits that the courts frequently apply a lower level of scrutiny when conditions are attached to welfare benefits than when conditions are attached to other types of government benefits. She specifically examines this inconsistency among decisions involving Free Exercise and Takings. She shows that the Supreme Court has reduced its regular level of heightened scrutiny and instead applied Dandridge-style deference to uphold welfare conditions. For example, in a series of free exercises cases involving unemployment insurance benefit...
The article argues that the non-existence of welfare rights in American Constitutional law, and the ...
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable...
While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea c...
This Article proposes that courts should subject unconstitutional conditions cases to intermediate s...
In this Article, Professor Marshall claims that a general theoretical approach to the unconstitution...
In this Article, Professor Sunstein suggests that the unconstitutional conditions doctrine embodies ...
In this Article, Professor Epstein takes a theoretical and practical approach in a discussion of the...
In Welfare Servitude, Professor Nice considers whether mandating work as a condition for receiving w...
In this Article, Professor Sullivan postulates that the unconstitutional conditions doctrine is a do...
The article argues that the non-existence of welfare rights in American Constitutional law, and the ...
In this Article, Professor McConnell contends that the courts\u27 treatment of funding of religious ...
When may the government require that citizens waive their constitutional rights in order to obtain b...
This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenom...
This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenom...
The unconstitutional conditions doctrine limits the ability of governments to force individuals to c...
The article argues that the non-existence of welfare rights in American Constitutional law, and the ...
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable...
While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea c...
This Article proposes that courts should subject unconstitutional conditions cases to intermediate s...
In this Article, Professor Marshall claims that a general theoretical approach to the unconstitution...
In this Article, Professor Sunstein suggests that the unconstitutional conditions doctrine embodies ...
In this Article, Professor Epstein takes a theoretical and practical approach in a discussion of the...
In Welfare Servitude, Professor Nice considers whether mandating work as a condition for receiving w...
In this Article, Professor Sullivan postulates that the unconstitutional conditions doctrine is a do...
The article argues that the non-existence of welfare rights in American Constitutional law, and the ...
In this Article, Professor McConnell contends that the courts\u27 treatment of funding of religious ...
When may the government require that citizens waive their constitutional rights in order to obtain b...
This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenom...
This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenom...
The unconstitutional conditions doctrine limits the ability of governments to force individuals to c...
The article argues that the non-existence of welfare rights in American Constitutional law, and the ...
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable...
While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea c...