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Constitutional Law

2010

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The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr. Dec 2010

The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper argues that Islam introduced far reaching reforms to warfare; that the conduct of the Prophet (peace be upon him) and his successors does not to allow the burning and drowning of enemy to death. Destroying buildings, cutting down trees, committing perfidy, breaching the trust of the enemy, the killing of women, children, servants, old, infirm, sick, wounded, priests, peasants, prisoners of warand envoys is strictly against the teachings of the Prophet (peace be upon him) or his successors. The destruction of harvest, livestock and forests, looting, plundering and corruption from the war booty and indiscipline are prohibited as …


Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman Dec 2010

Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman

Popular Media

No abstract provided.


December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz Dec 2010

December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Does “one Nation under God” in the Pledge of Allegiance Mean?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 28, 2010: Natural Goodness, Bruce Ledewitz Dec 2010

December 28, 2010: Natural Goodness, Bruce Ledewitz

Hallowed Secularism

Blog post, “Natural Goodness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 24, 2010: Merry Christmas Season, Bruce Ledewitz Dec 2010

December 24, 2010: Merry Christmas Season, Bruce Ledewitz

Hallowed Secularism

Blog post, “Merry Christmas Season“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz Dec 2010

December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Repeal of Don’t Ask Don’t Tell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein Dec 2010

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein

Richard Daniel Klein

No abstract provided.


Civil Rights And Related Decisions, Eileen Kaufman Dec 2010

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz Dec 2010

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz Dec 2010

December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Does the Government Celebrate Christmas?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Não Uma Outra República, A Nossa República, Outra, Paulo Ferreira Da Cunha Dec 2010

Não Uma Outra República, A Nossa República, Outra, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Porque é que as democracias nunca se defendem bem? E como não vêem alguns dos que, generosa ou utopicamente, advogam uma nova república (a que chamam IV, normalmente, contando como tal o salazarismo-caetanismo, que foi uma autocracia, logo não uma república, mesmo uma anti-república), estão objectivamente a levar água ao moinho dessa coisa-outra que pode ter fachada republicana (ou monárquica…), mas só poderia ser, de novo, uma autocracia?


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz Dec 2010

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon Dec 2010

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Louise Harmon

No abstract provided.


Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine Dec 2010

Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine

Samuel J. Levine

Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …


Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine Dec 2010

Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine

Samuel J. Levine

Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.

In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …


December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz Dec 2010

December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Civil Rights And Related Decisions, Eileen Kaufman Dec 2010

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon Dec 2010

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Eileen Kaufman

No abstract provided.


A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman Dec 2010

A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman

Eileen Kaufman

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz Dec 2010

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Eileen Kaufman

No abstract provided.


Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman Dec 2010

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz Dec 2010

December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism and the Tea Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty Dec 2010

Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty

Nevada Supreme Court Summaries

No abstract provided.


Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen Dec 2010

Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann Dec 2010

Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann

Parameters of Law in Student Affairs and Higher Education (CNS 670)

In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. …


December 8, 2010: Uphold Proposition 8, Bruce Ledewitz Dec 2010

December 8, 2010: Uphold Proposition 8, Bruce Ledewitz

Hallowed Secularism

Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield Dec 2010

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield

Alan E Garfield

No abstract provided.


December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz Dec 2010

December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Hallowed Secularism

Blog post, “Seeking Common Ground: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho Dec 2010

Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho

William & Mary Bill of Rights Journal

The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of new unenumerated …


Impeachment And Assassination, Josh Chafetz Dec 2010

Impeachment And Assassination, Josh Chafetz

Cornell Law Faculty Publications

In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …