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The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca Jul 1997

The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca

Law Faculty Scholarly Articles

If religion is an innate aspect of the human experience, it should not be surprising that Alcoholics Anonymous (A.A.), a widely known and arguably religious support group for problem drinkers, has become a common and effective means of combating alcoholism. Also, it should not be surprising that probation officers, parole officers, judges, bar overseers, wardens, and myriad others exercising state authority routinely push individuals toward A.A. Arguably, however, official referral of problem drinkers to A.A. violates current interpretations of the Establishment Clause because of the quasi-religious nature of the program.

Although separationism helps both church and state ...


Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine Jan 1997

Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine

Scholarly Works

Charles L. Black Jr. has been one of the most important constitutional scholars in the United States for more than four decades. Professor Black's writings have helped shape the debate in a wide variety of constitutional areas, from racial equality and welfare rights to constitutional amendment, impeachment, and the death penalty. In this essay, Levine briefly surveys a number of Professor Black's articles, focusing on two areas of his scholarship: unnamed human rights and racial justice. By analyzing these two topics, which represent, respectively, Black's most recent scholarship and his most significant early work, Levine attempts to ...


Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler Jan 1997

Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight Jan 1997

Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight

Scholarly Works

Courts and commentators have typically assumed that binding arbitration is both private and consensual, and that it therefore raises no constitutional concerns. This Article challenges both assumptions and goes on to consider arguments that arbitration agreements may unconstitutionally deprive persons of their right to a jury trial, to a judge, and to due process of law. The author argues first that courts' interpretation of seemingly private arbitration agreements may often give rise to "state action," particularly where courts have used a "preference favoring arbitration over litigation" to construe a contract in a non-neutral fashion. The author next draws on the ...


United States Supreme Court: 1997 Term, Paul C. Giannelli Jan 1997

United States Supreme Court: 1997 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Learning From Lincoln, William Michael Treanor Jan 1997

Learning From Lincoln, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

The most arresting aspect of Jack Balkin's thought-provoking paper about the consequences of fidelity to the Constitution is his use of Abraham Lincoln. Professor Balkin offers Lincoln as a prime example of someone blinded by fidelity to the Constitution. Lincoln's fidelity to the Constitution, Balkin tells us, allowed him to make a kind of peace with slavery, to think that it was "not so great an evil that it had to be abolished immediately." This is such a powerful point because, 130 years after Lincoln's assassination, we mourn him still. We mourn him because we miss his ...


Taking Our Actual Constitution Seriously, Thomas D. Eisele Jan 1997

Taking Our Actual Constitution Seriously, Thomas D. Eisele

Faculty Articles and Other Publications

In this review, by concentrating on the general aim of Dworkin's book, I hope to contribute to the discussion this book is sure to generate. What does the "moral reading" of our Constitution amount to, and what alternative do we have to endorsing such a reading? I ask these questions from what I would call a jurisprudential
perspective. For, while I do teach Jurisprudence, I do not teach Constitutional Law, other than some constitutional law themes that find their way into my Property and Wills & Trusts courses. Accordingly, I am not well placed to review the details or
the ...


The Constitutional Right To "Conservative" Revolution, David C. Williams Jan 1997

The Constitutional Right To "Conservative" Revolution, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan Jan 1997

Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan

Scholarly Works

The Second Amendment is the black sheep of the constitutional family. Paralleling the Amendment's neglect and abuse by commentators is the curious onslaught of misinformation and fear in the public arena. In this Article, Professors McAffee and Quinlan begin the process of restoring the Second Amendment to its rightful place as an individual right enjoyed by the citizenry. Reviewing singular facets of the Second Amendment debate, including the relation between the Militia and Right to Arms Clauses, the meaning of “keep and bear,” the relevance of militia provisions today and the abandonment by the Supreme Court as an active ...