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Goldcorp And Hudbay Minerals In Guatemala (2010 Update), Bernadette Maheandiran, Jessica Difederico, Rolando Aguilera, Shin Imai

Shin Imai

Canadian mining in Guatemala has been associated with violence and death. Opposition to an INCO mine in the El Estor region in the 1960’s resulted in the assassination of two law professors, and another activist has been killed in 2009. In the San Marcos region of Guatemala, two deaths are associated with the opening of a mine now owned by Goldcorp. Indigenous opposition to the mines continues in both regions. This article updates an article originally published in 2007which ties the events in Guatemala to efforts in Canada to hold Canadian mining companies accountable.Parts of this article dealing with HudBay …

Riley’S Empire: Northwestern Bible School And Fundamentalism In The Upper Midwest, William Vance Trollinger

William Vance Trollinger Jr.

In the 1920s a loosely-united band of militant conservatives launched a crusade to capture control of the major Protestant denominations. These fundamentalists staunchly affirmed the supernaturalness and literal accuracy of the Bible, the supernatural character of Christ, and the necessity of Christians to separate themselves from the world.

Most often Baptists and Presbyterians, they struggled to re-establish their denominations as true and pure churches: true to the historic doctrines of the faith as they perceived them, and pure from what they saw as the polluting influences of an increasingly corrupt modern culture. But by the late 1920s the fundamentalists had …

The Trial Of Oliver Wendell Holmes, Rodney A. Smolla

Rod Smolla

No abstract provided.

Thinking About Economics As Religion, Andrew P. Morriss

Andrew P. Morriss

Four years ago, the Case Western Reserve Law Review conducted a paper-only symposium on Bjom Lomborg's The Skeptical Environmentalist. That symposium was so successful that the editors decided to repeat the experience. Seeking a book that could approximate Lomborg's in its ability to inspire controversy, I suggested Robert H. Nelson's Economics as Religion: From Samuelson to Chicago and Beyond after Professor Nelson gave a well-received lecture here on environmentalism as a religion. The editors agreed. As before, the Review has assembled an impressive group to comment on Nelson's book. The group includes economists who take a wide range of …

Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes

Wayne R. Barnes

When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Farnsowrth has been described as “the great contemporary American scholar, and one of a handful of great world scholars, on the law of agreement...[He] was...perhaps The Authority on the law of contracts and much more.” Similarly, others have called him “the premiere figure in American Contracts law scholarship since the passing of Corbin and Dawson. The treatise and his half of the Second Restatement would be quite a contribution if there was nothing else.” Farnsworth’s casebook is perennially the most widely-adopted …

Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes

Wayne R. Barnes

When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Farnsowrth has been described as “the great contemporary American scholar, and one of a handful of great world scholars, on the law of agreement...[He] was...perhaps The Authority on the law of contracts and much more.” Similarly, others have called him “the premiere figure in American Contracts law scholarship since the passing of Corbin and Dawson. The treatise and his half of the Second Restatement would be quite a contribution if there was nothing else.” Farnsworth’s casebook is perennially the most widely-adopted …

Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan

Steven D. Schwinn

This report relates to the mistreatment and abuse that adult immigrant detainees suffer in United States detention facilities. It is submitted in response to the United States’ periodic report relating to the Convention Against Torture (CAT) and specifically addresses the deplorable conditions of detention, the use of solitary confinement, the problem of sexual violence in detention and the lack of investigation of such acts, the refoulement of detainees who face risk of torture, the enforcement of the non-derogable prohibition of torture, and the prevention of cruel, inhuman or degrading treatment or punishment. This report discusses current practices of the U.S. …

Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), Sarah Dávila-Ruhaak, Steven D. Schwinn

Steven D. Schwinn

This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …

Paradigms Lost: The Second Circuit Faces The New Era Of Religion Clause Jurisprudence, 57 Brook. L. Rev. 547 (1991), Donald L. Beschle

Donald L. Beschle

No abstract provided.

Emerson And Skepticism: The Cipher Of The World [Review], Michael Fischer

Michael Fischer

In Emerson and Skepticism John Michael argues that even in Emerson's early works his famous self-reliance was more a dream than an achievement. For Michael this dream dates from Emerson's initial quarrel with Unitarianism. In Emerson's "The Lord's Supper," the skeptical arguments that Unitarians had turned against orthodox Christianity come back to haunt Unitarianism itself. We are presumably left with the autonomous individual, the Emerson who can confidendy say to his Unitarian teachers, "This mode of commemorating Christ is not suitable to me. That is reason enough why I should abandon it" (p. 17). But, as Michael points out, this …

Religious Discourse And The Reinvigoration Of American Political Life, John Robinson

John H. Robinson

No abstract provided.

Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett

Richard W Garnett

No abstract provided.

Unitary Innovations And Political Accountability, Edward H. Stiglitz

Jed Stiglitz

An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the President. As the Supreme Court recently reminded us in Free Enterprise Fund v. Public Company Accounting Oversight Board, one foundation for this doctrinal trend is a fear that diffusing power diffuses accountability. Here, I study whether institutional innovations resulting from such judicial decisions support this functionalist constitutional value of political accountability, emphasizing under-appreciated complications arising out of interbranch relations. For most of the Article, I conduct an indepth empirical case study of the legislative veto, one …

Muslims And Religious Liberty In The Era Of 9/11: Empirical Evidence From The Federal Courts, Gregory C. Sisk, Michael Heise

Michael Heise

In our continuing empirical study of religious-liberty decisions in the federal courts, American Muslims were at a distinct and substantial disadvantage in raising free exercise or accommodation claims between 1996 and 2005. With other variables held constant, the likelihood of success for non-Muslim claimants in Religious Free Exercise claims was 38%, while the probability of success for Muslim claimants fell to 22% (with an even higher disparity among court of appeals judges). In sum, Muslim claimants enjoyed only about half the chance to receive accommodation of their religious beliefs and practices as did claimants from other religious communities.

Drawing on …

Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, Michael Heise, Gregory C. Sisk

Michael Heise

We analyze various factors that influence judicial decisions in cases involving Free Exercise Clause or religious accommodation claims and decided by lower federal courts. Religious liberty claims, including those moored in the Free Exercise Clause, typically generate particularly difficult questions about how best to structure the sometimes contentious relation between the religious faithful and the sovereign government. Such difficult questions arise frequently in and are often framed by litigation. Our analyses include all digested Free Exercise and religious accommodation claim decisions by federal court of appeals and district court judges from 1996 through 2005. As it relates to one key …

Farcical Philology: Alexander Shewan's Homeric Games At An Ancient St. Andrews, Thomas E. Jenkins

Thomas E Jenkins

It is one of the many ironies of the term "philology" that what to the untrained ear may connote a dry and lifeless field of study was once the fightingest of fighting words; indeed, philology has been only recently retired as a field with an especial love for internecine warfare. "Love of literature," it seems, could spawn loathing of fellow literature-lovers, and as philology grew as a discipline and even academic profession, the stakes were high. Any examination of metaphilology, then, must include a glance at philology's discourses of error and detection, of correction and humiliation: philology- if dedicated to …

Mired In The Marsh: Legislative Prayers, Moments Of Silence, And The Establishment Clause, Eric J. Segall

Eric J. Segall

No abstract provided.

A Note On Odyssey 3.216-38, Erwin F. Cook

Erwin F. Cook

No abstract provided.