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Articles 1 - 3 of 3
Full-Text Articles in Law
The Judge As Umpire: Ten Principles, Brett M. Kavanaugh
The Judge As Umpire: Ten Principles, Brett M. Kavanaugh
Catholic University Law Review
In his speech, Judge Kavanaugh discusses the notion of Judges as umpires and sets forth ten principles that are vital for an impartial judiciary dedicated to the rule of law in our separation of powers system. According to Judge Kavanaugh, Judges cannot act as partisans, must follow establish rules and principles, and must strive for consistency, not only in terms of respecting precedent, but from day to day, in how they decide cases, confront issues, interpret statutes and interpret the Constitution.
Judges must also understand that their role is to apply the rules rather than remake the rules according to …
The Impact Of The United Nations On National Abortion Laws, Kelsey Zorzi
The Impact Of The United Nations On National Abortion Laws, Kelsey Zorzi
Catholic University Law Review
Reviewing UN initiatives in concert with changes in State abortion laws, this Essay argues that through consensus resolutions that emerge from UN conferences, the recommendations of the Treaty Monitoring Bodies, and the Human Rights Council’s Universal Periodic Review, the UN has influenced State to adopt permissive domestic abortion laws. The essay discusses and provides examples of how the UN does this. The Essay also discusses the impact of pro-abortion interpretations of international treaties and the actions taken by signatory nations to require legalized abortions in their wake.
Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause, Krista M. Pikus
Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause, Krista M. Pikus
Catholic University Law Review
Reviewing Establishment Clause jurisprudence of the Supreme Court, this article notes that the current state of this area of law is in hopeless disarray and argues that the Court should resolve this confusion by employing a few proposed solutions. The article begins by reviewing and analyzing the confusion surrounding modern Establishment Clause jurisprudence. The article then discusses what interpretation of the Establishment Clause should be controlling: strict-separationism, nonpreferentialism, enhanced federalism, or the incorporation doctrine. Next, the article details what is wrong with modern establishment clause jurisprudence, namely, the Court’s inconsistent application of different tests to assess government action under the …