Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 76

Full-Text Articles in Entire DC Network

Christianity, Ethics, And Politics In The Age Of Isabella Chow, Ian Huyett Feb 2019

Christianity, Ethics, And Politics In The Age Of Isabella Chow, Ian Huyett

Washington and Lee Law Review Online

This Essay responds to comments by Samuel Calhoun, Wayne Barnes, and David Smolin, made as part of a roundtable discussion on Calhoun’s symposium address Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended to Separate Religion from Politics. In Part I, I discuss current events, especially as they pertain to Smolin’s comments. In Part II, I answer Calhoun’s challenges to my own response. In Part III, I criticize Barnes’s response, which was diametrically different from my own. In Part IV, I draw on Smolin’s observations to discuss the path forward …


Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett Oct 2018

Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett

Washington and Lee Law Review Online

In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that Christianity’s political influence has been unhelpful or harmful. I also seek to show that statements like “religion has no place in politics” are best understood as expressions of arbitrary bias.


Same-Sex Marriage And Loving V. Virginia: Analogy Or Disanalogy?, Ronald Turner Feb 2015

Same-Sex Marriage And Loving V. Virginia: Analogy Or Disanalogy?, Ronald Turner

Washington and Lee Law Review Online

In its 1967 decision in Loving v. Virginia, the United States Supreme Court struck down Virginia antimiscegenation laws prohibiting and criminalizing interracial marriages, holding that the challenged laws violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. In recent federal appeals court decisions, Loving has been invoked as an authoritative analogy supporting plaintiffs’ claims that same-sex marriage bans violate the Constitution. This Essay considers the posited Loving analogy and the contentions (1) that different-race marriage and same-sex marriage prohibitions present similar, albeit not identical, instances of unconstitutional state limitations on an …


Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong Sep 2014

Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong

Washington and Lee Journal of Energy, Climate, and the Environment

Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …


The New Facially Neutral “Anti-Shariah” Bills: A Constitutional Analysis, Amara S. Chaudhry-Kravitz Sep 2013

The New Facially Neutral “Anti-Shariah” Bills: A Constitutional Analysis, Amara S. Chaudhry-Kravitz

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun Jan 2009

Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun

Scholarly Articles

Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues. Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account, the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.


Colorado V. Bertine, Lewis F. Powell Jr. Oct 1986

Colorado V. Bertine, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Krull, Lewis F. Powell Jr. Oct 1986

Illinois V. Krull, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Arizona V. Hicks, Lewis F. Powell Jr. Oct 1986

Arizona V. Hicks, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Griffin V. Wisconsin, Lewis F. Powell Jr. Oct 1986

Griffin V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


California V. Ciraolo, Lewis F. Powell Jr. Oct 1985

California V. Ciraolo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New York V. Class, Lewis F. Powell Jr. Oct 1985

New York V. Class, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tennessee V. Garner, Lewis F. Powell Jr. Oct 1984

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sharpe, Lewis F. Powell Jr. Oct 1984

United States V. Sharpe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Winston V. Lee, Lewis F. Powell Jr. Oct 1984

Winston V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Hensley, Lewis F. Powell Jr. Oct 1984

United States V. Hensley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New Jersey V. T.L.O., Lewis F. Powell Jr. Oct 1984

New Jersey V. T.L.O., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Oliver V. United States, Lewis F. Powell Jr. Oct 1983

Oliver V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Michigan V. Clifford, Lewis F. Powell Jr. Oct 1983

Michigan V. Clifford, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Welsh V. Wisconsin, Lewis F. Powell Jr. Oct 1983

Welsh V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Patton V. Yount, Lewis F. Powell Jr. Oct 1983

Patton V. Yount, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Solem V. Bartlett, Lewis F. Powell Jr. Oct 1983

Solem V. Bartlett, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr. Oct 1982

New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rice V. Rehner, Lewis F. Powell Jr. Oct 1982

Rice V. Rehner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Washington V. Seattle School District No. 1, Lewis F. Powell Jr. Oct 1981

Washington V. Seattle School District No. 1, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr. Oct 1981

Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rose V. Lundy, Lewis Powell Jr. Oct 1981

Rose V. Lundy, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Dames & Moore V. Regan, Lewis F. Powell Jr. Oct 1980

Dames & Moore V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Payner, Lewis F. Powell Jr. Oct 1979

United States V. Payner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.