Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional Law (12)
- Supreme Court (7)
- Garnett (6)
- Law & Religion (6)
- Prayer (5)
-
- Constitutional law (4)
- Dispute Resolution (4)
- Law and Society (4)
- Popular Press (4)
- Arbitration (3)
- Bradley (3)
- Civil Rights (3)
- Constitution (3)
- First Amendment (3)
- Fourth Amendment (3)
- Law (3)
- Privacy (3)
- Religion (3)
- Surveillance (3)
- Abortion (2)
- Contraception coverage (2)
- Criminal Law (2)
- Cruel and unusual punishment (2)
- Establishment Clause (2)
- Health Law and Policy (2)
- Hosanna-Tabor (2)
- Jurisprudence (2)
- Legal History (2)
- Medical Jurisprudence (2)
- Political Theory (2)
- Publication
-
- Michael A Helfand (6)
- Richard W Garnett (6)
- Patrick McKinley Brennan (5)
- Anil Kalhan (4)
- Charles H. Baron (4)
-
- Erik Luna (4)
- Gerard V. Bradley (4)
- Kent Greenfield (4)
- Mark Graber (2)
- Martha F. Davis (2)
- Richard Daniel Klein (2)
- Robert Bloom (2)
- Andrew Blair-Stanek (1)
- David C. Gray (1)
- David DeMatteo (1)
- Edward Lee (1)
- Eileen Kaufman (1)
- Fletcher N. Baldwin (1)
- Javier E Revelo-Rebolledo (1)
- Jennifer Daskal (1)
- Jimmy Gurule (1)
- Luke A. Boso (1)
- Mark P. McKenna (1)
- Richard J. Peltz-Steele (1)
- Robert M. Sanger (1)
- Scott W. Howe (1)
- Susan Freiwald (1)
- Thomas L. Shaffer (1)
Articles 1 - 30 of 61
Full-Text Articles in Law
Beyond Judicial Populism, Anil Kalhan
Quoted In Usa Today Article "Judge's Strike At U.S. Surveillance Won't Be Last Word", Jimmy Gurule
Quoted In Usa Today Article "Judge's Strike At U.S. Surveillance Won't Be Last Word", Jimmy Gurule
Jimmy Gurule
Jimmy Gurule was quoted in the USA Today article "Judge's strike at U.S. surveillance won't be last word" by Kevin Johnson and Richard Wolf on December 17, 2013. "It is not clear one way or another how this will be ultimately decided,'' said University of Notre Dame law professor Jimmy Gurule, who applauded Leon's decision as a "victory for the U.S. Constitution and the rule of law.''
Beware The Sleeper: Harris V Quinn, Kent Greenfield
Beware The Sleeper: Harris V Quinn, Kent Greenfield
Kent Greenfield
No abstract provided.
"Free Speech Vs. Infringement In Suit On Alabama Artwork" (Quotes: Mark Mckenna) New York Times, Mark Mckenna
"Free Speech Vs. Infringement In Suit On Alabama Artwork" (Quotes: Mark Mckenna) New York Times, Mark Mckenna
Mark P. McKenna
"Free Speech vs. Infringement in Suit on Alabama Artwork" New York Times article by Daniel Grant quotes Mark McKenna.
The case is of great interest to “artists all over the country whose free speech rights should not be subject to licensing arrangements by colleges and universities,” said Mark P. McKenna, a law professor at Notre Dame who was part of a group of professors that wrote a friend-of-the-court brief to the Court of Appeals on Moore’s behalf.
Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan
Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan
Anil Kalhan
No abstract provided.
Rick Garnett Was Quoted In Npr Article "Aclu Sues, Claiming Catholic Hospitals Put Women At Risk.", Richard Garnett
Rick Garnett Was Quoted In Npr Article "Aclu Sues, Claiming Catholic Hospitals Put Women At Risk.", Richard Garnett
Richard W Garnett
Rick Garnett was quoted in NPR article "ACLU Sues, Claiming Catholic Hospitals Put Women At Risk" by Julie Rovner. "Yeah, this is a novel case," says , a law professor at the University of Notre Dame. While there's nothing new about suing doctors or hospitals, Catholic or not, Garnett says, "to sort of claim that it is negligence for the bishops to be issuing directives reminding Catholic hospitals what the church's teachings are with respect to things like abortion and sterilization are, that is a stretch." And he wonders what future if any such lawsuits against the church may have. …
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Anil Kalhan
With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …
Rick Garnett Quoted In Washington Post Article "Court Confronts Religious Rights Of Corporations", Richard Garnett
Rick Garnett Quoted In Washington Post Article "Court Confronts Religious Rights Of Corporations", Richard Garnett
Richard W Garnett
Rick Garnett quoted in Washington Post article "Court Confronts Religious Rights of Corporations" by ADAM LIPTAK. “This is a perfect storm,” said Richard Garnett, a law professor at Notre Dame, adding that it is also a worrisome one. “Debates about campaign finance in Citizens United and abortion and Obamacare,” he said, “could distort the court’s analysis of religious freedom.”
Rick Garnett Quoted In Ncr Article "Supreme Court Takes Up Contraceptive Mandate, Will Rule On Religious Rights Of Corporations", Richard Garnett
Rick Garnett Quoted In Ncr Article "Supreme Court Takes Up Contraceptive Mandate, Will Rule On Religious Rights Of Corporations", Richard Garnett
Richard W Garnett
Rick Garnett quoted in NCR article by David Gibson "Supreme Court takes up contraceptive mandate, will rule on religious rights of corporations" on November 26, 2013. Given the polemics, Notre Dame law professor Richard Garnett said he worries "that what I regard as accidental aspects of the case -- the Citizens United debate, the 'war on women' rhetoric from the last election, the controversies about (health care reform) -- will distract the court from the more specific legal question presented, which has to do, again, with the interpretation of a particular, and an important, federal statute."
The Bin Laden Exception, Erik Luna
The Bin Laden Exception, Erik Luna
Erik Luna
Osama bin Laden's demise provides an opportune moment to reevaluate the extraordinary measures taken by the U.S. government in the "war on terror," with any reassessment incorporating the threat posed by al Qaeda and other terrorist organizations. Some modest analysis suggests that terrorism remains a miniscule risk for the average American, and it hardly poses an existential threat to the United States. Nonetheless, terrorism-related fears have distorted the people's risk perception and facilitated dubious public policies, exemplified here by a series of programs implemented by the Transportation Security Administration (TSA). Among other things, this agency has adopted costly technology and …
H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas Shaffer, John Robinson
H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas Shaffer, John Robinson
Thomas L. Shaffer
No abstract provided.
Recent Landmark Criminal Law Decisions Of The Supreme Court: The Jurisprudence Of The Supreme Court: Fair Trial, Juvenile Justice, The Death Penalty, And The Right To Counsel, Richard Klein
Richard Daniel Klein
The Supreme Court has recently adjudicated some crucial issues regarding criminal matters and constitutional jurisprudence. The Court expanded the constitutional authority vested in Congress, provided defendants with constitutional remedies and protections, indicated that even a substantial amount of publicity surrounding a trial does not warrant a change of venue, left defense attorneys in awe of their new-found obligations, and settled important divisions among the U.S. circuit courts of appeal. Skilling v. U.S. revealed that a change of venue based on a claim of a tainted jury pool presents a difficult, if not impossible task, for criminal defendants. Padilla expanded the …
What Happens In Greece Stays In Greece?, Gerard Bradley
What Happens In Greece Stays In Greece?, Gerard Bradley
Gerard V. Bradley
Gerry Bradley contributed the article What Happens in Greece Stays in Greece? to the National Review Online Bench Memo.
Drug Exceptionalism, Erik Luna
Top Court Won't Block Town Prayers, Richard Garnett
Top Court Won't Block Town Prayers, Richard Garnett
Richard W Garnett
Contribution to CNN Opinion by Rick Garnett. Richard Garnett says predicting court decisions is risky, but the odds are the court won't overturn public meeting prayers.
Praying In Greece, Gerard Bradley
Praying In Greece, Gerard Bradley
Gerard V. Bradley
Contribution by Gerry Bradley in The Public Discourse. Judicial precedent, historical awareness, and the very nature of prayer all make it clear: legislators have the right to begin their assemblies with a prayer. The Supreme Court is hearing oral argument today in Greece v. Galloway, a case about lawmakers who begin their assemblies with prayer. The dispute has nothing to do with the financially beleaguered Aegean republic, even though one of the prayers at issue hailed Athena and Apollo. This Greece is a town in upstate New York, near Rochester. In 1999, the town began to open its Board meetings …
Board Meeting Prayer Bound For Supreme Court In Church-State Case, Richard Garnett
Board Meeting Prayer Bound For Supreme Court In Church-State Case, Richard Garnett
Richard W Garnett
ABC News quoted Rick Garnett in the article by Ariane de Vogue. Richard Garnett, an expert on church-state issues at the Notre Dame Law School says, “At the heart of this new case is whether the court should stick with a relatively bright-line rule that treats legislative prayers as presumptively permissible, given their long use in our country, or whether the court should move to more of an all-things-considered inquiry that treats such prayers like Christmas displays and the like.”
Supreme Court To Hear Case On Separating Church And State, Gerard Bradley
Supreme Court To Hear Case On Separating Church And State, Gerard Bradley
Gerard V. Bradley
Gerard Bradley was quoted in the Los Angeles Times article Supreme Court to hear new case on religion in public lifeby David G. Savage on November 2, 2013. Notre Dame Law professor Gerard Bradley thinks justices may be ready to "reject or seriously modify the 'endorsement' test."
Legislative Prayer Gets Supreme Court Review, Richard Garnett
Legislative Prayer Gets Supreme Court Review, Richard Garnett
Richard W Garnett
Rick Garnett was quoted in the Associated Press article by MARK SHERMAN
The article was also published in
Wall Street Journal, Businessweek, NPR. NBC News, Fox News, Yahoo! News
Richard Garnett, a University of Notre Dame law professor and former Supreme Court clerk, said it is likely that the court will reverse the appeals court and that a narrow ruling of the sort sought by the administration could cause some liberal justices to join their conservative colleagues.
But because the case can be resolved narrowly, Garnett said it probably is not one the justices will use to order judges to …
Supreme Court Heads Into A New Term, Gerry Bradley
Supreme Court Heads Into A New Term, Gerry Bradley
Gerard V. Bradley
Gerard Bradley was quoted in the National Catholic Register article Supreme Court Heads Into a New Term by JOAN FRAWLEY DESMOND on October 9. Gerard Bradley, an expert on constitutional law at the University of Notre Dame Law School, told the Register that the justices will decide “whether states have the power to limit a doctor’s prescription of RU-486 to the FDA protocols.” But there is a larger issue at stake for abortion facilities that resist this kind of oversight. “I think the outcome is important and will actually turn on the larger question of whether Oklahoma is setting up …
Courting Power, Anil Kalhan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Brennan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Brennan
Patrick McKinley Brennan
John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Brennan
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Brennan
Patrick McKinley Brennan
This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan
Patrick McKinley Brennan
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
The Liberty Of The Church: Source, Scope And Scandal, Patrick Brennan
The Liberty Of The Church: Source, Scope And Scandal, Patrick Brennan
Patrick McKinley Brennan
This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Brennan
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Brennan
Patrick McKinley Brennan
This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …
Constructing Constitutional Politics: The Reconstruction Strategy For Protecting Rights, Mark Graber
Constructing Constitutional Politics: The Reconstruction Strategy For Protecting Rights, Mark Graber
Mark Graber
No abstract provided.
The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman
The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman
Eileen Kaufman
No abstract provided.
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
Richard Daniel Klein
No abstract provided.
Warrant Requirement -- The Burger Court Approach, Robert Bloom
Warrant Requirement -- The Burger Court Approach, Robert Bloom
Robert Bloom
No abstract provided.