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Constitutional Law

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Selected Works

2013

Constitutional law

Articles 1 - 4 of 4

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The Bin Laden Exception, Erik Luna Nov 2013

The Bin Laden Exception, Erik Luna

Erik Luna

Osama bin Laden's demise provides an opportune moment to reevaluate the extraordinary measures taken by the U.S. government in the "war on terror," with any reassessment incorporating the threat posed by al Qaeda and other terrorist organizations. Some modest analysis suggests that terrorism remains a miniscule risk for the average American, and it hardly poses an existential threat to the United States. Nonetheless, terrorism-related fears have distorted the people's risk perception and facilitated dubious public policies, exemplified here by a series of programs implemented by the Transportation Security Administration (TSA). Among other things, this agency has adopted costly technology and …


Drug Exceptionalism, Erik Luna Nov 2013

Drug Exceptionalism, Erik Luna

Erik Luna

No abstract provided.


Supreme Court Heads Into A New Term, Gerry Bradley Oct 2013

Supreme Court Heads Into A New Term, Gerry Bradley

Gerard V. Bradley

Gerard Bradley was quoted in the National Catholic Register article Supreme Court Heads Into a New Term by JOAN FRAWLEY DESMOND on October 9. Gerard Bradley, an expert on constitutional law at the University of Notre Dame Law School, told the Register that the justices will decide “whether states have the power to limit a doctor’s prescription of RU-486 to the FDA protocols.” But there is a larger issue at stake for abortion facilities that resist this kind of oversight. “I think the outcome is important and will actually turn on the larger question of whether Oklahoma is setting up …


The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Brennan Oct 2013

The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Brennan

Patrick McKinley Brennan

This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …