Digital Commons Network^™

Alumni House (Mayhew, Vaughn & Halprin) Historic Structure Report, William Riggs, Frederic Knapp, Steve Finacom, Chris Verplanck

William W. Riggs

Designed by architect Clarence W. Mayhew, with the landscape design by H. Leland Vaughn and Lawrence Halprin, Alumni House was constructed in 1953-54 on the south bank of Strawberry Creek, immediately west of the site of the proposed California Student Center. Described as a “home on the campus,” Alumni House was designed for the use of the California Alumni Association (CAA) as a gathering place for returning University of California alumni, as well as an office building for employees of the CAA. This HSR documents the history, existing conditions, and character defining features of this building and its landscaping, as …

The Public Life Of The Virtual Self, Ari E. Waldman

Ari E Waldman

While the Internet has changed dramatically since the early 1990s, the legal regime governing online speech and liability is still steeped in an early myth of the Internet user, completely hidden from other Internet users, in total control of his online experience and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility and radical individuation online, allowing hate and harassment to run wild. I argue that the myth of the online anonym is not only false as a matter of technology, but also inaccurate – …

Sacred Disputes? On The Ministerial Exception And The Constitution, Mark Strasser

Mark Strasser

Federal courts have long been hearing church disputes, for example, concerning conflicting claims regarding the rightful possession and use of church property. However, there is no clear understanding concerning the contours of the constitutional limitations on the courts when one of the parties in interest is a religious organization. The conflicting jurisprudence may be clarified in the 2011-2012 term when the Court hears and decides Hosanna–Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, although there is reason to be pessimistic that this will happen. This article lays out the relevant jurisprudence as presented by the United States …

Representative Self-Government And The Declaration Of Independence, Alexander Tsesis

Alexander Tsesis

Legal scholars typically treat the Declaration of Independence as a purely historical document, but as this article explains, the Declaration is relevant to legislative and judicial decisionmaking. After describing why this founding document contains legal significance, I examine two contemporary legal issues through the lens of the Declaration’s prescriptions.

Section 5 of the Fourteenth Amendment grants Congress the power to make laws that enforce the civil rights clauses in the amendment’s first four sections. In City of Boerne v. Flores and its progeny, however, the Supreme Court decided that it alone can identify fundamental rights and relegated Congress’s power under …

A Mighty Fortress Is Our God (Recording), Gary Smart

Gary Smart

"A Mighty Fortress is Our God" is from a private release CD, "Bright Morning Stars are Rising", made as a fundraiser for the Unitarian-Universalist Society. It features hymns from diverse religions and traditions around the world and reflects my interest in a diversity of musical styles including Americana, jazz and world musics.

Life, Death & The God Complex: The Effectiveness Of Incorporating Religion-Based Arguments Into The Pro-Choice Perspective On Abortion, Stacy A. Scaldo

Stacy A Scaldo

While speaking on the issue of healthcare in August of 2009, President Barrack Obama told a meeting of Jewish rabbis, “We are God’s partners in matters of life and death.” While the President’s message was expressly targeting choices in healthcare and end of life decisions, the statement is representative of a shift in the public rhetoric reflective of all matters concerning life - including abortion. This, indeed, would be a remarkable change in both express policy and argument identification – one that appears to be a new weapon in the arsenal of those who identify themselves with the pro-choice movement. …

Manifest Destiny Adapted For 1990s’ War Discourse: Mission And Destiny Intertwined, Roberta Coles

Roberta Coles

Civil religious themes have long been integral to public discourse in America. Specifically the themes of mission and destiny best known in the farm of Manifest Destiny, still carry the country through periods of foreign conflict. This paper analyzes the discourses of President George Bush during the Persian Gulf War and President Bill Clinton during the Kosovo conflict. I identify the themes of mission by example and mission by intervention and argue that these forms of mission are intertwined. The use of these themes by presidents of different political parties indicates that while they remain useful, they are adapting for …

Revisiting Federalism: Core And Basic Characteristics, Haiting Zhang

haiting zhang

ABSTRACT This article makes analytical and comparative studies on the essential characteristics of federalism: legally shared sovereignty, constitutional specific division of powers and a court arbiter role. The essence of a state is sovereignty; the allocation of sovereignty within a state thus determines its nature. Because of the inconsistency between legal sovereignty and political sovereignty, to study federalism from a legal point of view requires determining where legal sovereignty resides. The traditional sovereignty atom was split in accommodation of the dramatic theoretical and political revolution early in America’s history; the theory of popular sovereignty largely contributed to the transformation. In …

Funding Stem Cell Research: The Convergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone

Edward A Fallone

The controversy over the funding of stem cell research by the federal government is used as a case study for examining how policy choices are made in the field of public bioethics. This article examines the manner in which the decision to fund stem cell research has been influenced by the convergence of evolving scientific knowledge, conflicting religious values, and the role of elected officials in a representative democracy. The article begins by reviewing the current state of scientific knowledge concerning adult stem cells, embryonic stem cells, induced pluripotent stem cells, and the process of direct cell re-programming. Because each …

Tradition As Justification: The Case Of Opposite-Sex Marriage, Kim Forde-Mazrui

Kim Forde-Mazrui

A central point of contention in the national debate over same-sex marriage is the importance of preserving tradition. That debate also features prominently in constitutional litigation over bans on same-sex marriage. Opponents of such bans argue that tradition is an illegitimate justification for them, while defenders of traditional marriage contend that tradition is not only a legitimate justification, it is sufficiently important to withstand heightened judicial scrutiny.

This article assesses tradition as a justification for laws challenged on equal protection grounds, with a focus on laws that limit marriage to different-sex couples. The article makes two main points. First, it …

Archibald Alexander And The Use Of Books: Theological Education And Print Culture In The Early Republic, Michael J. Paulus Jr.

Michael J. Paulus, Jr.