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Articles 1 - 30 of 5440

Full-Text Articles in Law

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.


Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt Oct 2018

Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt

Washington and Lee Law Review Online

In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial ...


The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes Oct 2018

The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes

Washington and Lee Law Review Online

Professor Calhoun, in his Article around which this

symposium is based, has asserted that it is permissible for citizens

to publicly argue for laws or public policy solutions based on

explicitly religious reasons.1 Calhoun candidly admits that he has

“long grappled” with this question (as have I, though he for longer),

and, in probably the biggest understatement in this entire

symposium, notes that Professor Kent Greenawalt identified this

as “a particularly significant, debatable, and highly complex

problem.”2 Is it ever. I have a position that I will advance in this

article, but I wish to acknowledge at the ...


America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin Oct 2018

America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin

Washington and Lee Law Review Online

Political and philosophical theorists have often advocated for

the exclusion of some or all religious perspectives from full

participation in politics. Such approaches create criteria—such as

public accessibility, public reason, or secular rationale—to

legitimate such exclusion. During the 1990s I argued, as an

evangelical Christian, against such exclusionary theories,

defending the rights to full and equal political participation by

evangelical Christians, traditionalist Roman Catholics, and any

others who would be restricted by such criteria.


Editor's Note, Erica Seig Sep 2018

Editor's Note, Erica Seig

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, Glenn Williams Sep 2018

Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, Glenn Williams

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Land Of The Free?: The Allow Act And Economic Liberty From Occupational Licensing, Erica Sieg Sep 2018

The Land Of The Free?: The Allow Act And Economic Liberty From Occupational Licensing, Erica Sieg

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy Aug 2018

Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy

Washington and Lee Law Review Online

In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the ...


Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun Aug 2018

Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun

Washington and Lee Law Review Online

This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed ever since the Founding. Part IV, emphasizing the Reverend Martin Luther King, Jr., argues that no other reasons justify barring faith-based arguments from the public square.


Second Thoughts About Stun Guns, Rene Reyes Jul 2018

Second Thoughts About Stun Guns, Rene Reyes

Washington and Lee Law Review Online

The Massachusetts Supreme Judicial Court (“SJC”) recently declared that the Commonwealth’s statutory ban on stun guns violates the Second Amendment to the U.S. Constitution. The SJC had previously upheld the statute against constitutional challenge in Commonwealth v. Caetano, but the reasoning behind this holding was rejected in a brief per curium opinion by the U.S. Supreme Court in 2016. However, the guidance given by the Supreme Court in the Caetano litigation was far from unambiguous: it faulted the SJC’s reasoning without opining on the ultimate question of the ban’s constitutionality, thus leaving open the possibility ...


Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller Jul 2018

Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller

Washington and Lee Law Review Online

William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts to protect that same class or right. Dignity helps explain the Court’s halting approach to Reconstruction Amendment enforcement power more generally – an approach in which constitutional versus unconstitutional legislation turns on seemingly insignificant regulatory distinctions. And dignity’s role in § 5 ...


Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, Eve Hanan Jun 2018

Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, Eve Hanan

Washington and Lee Law Review Online

Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In this Essay, I consider whether Professor Benjamin Edwards’ central argument in The Professional Prospectus: A Call for Effective Professional Disclosure that attorneys should provide potential clients with a prospectus disclosing their performance historyapplies to criminal defense. I reject the proposition that most people charged ...


Annual Report 2017-2018, Caroline L. Osborne Jun 2018

Annual Report 2017-2018, Caroline L. Osborne

Law Library Annual Reports

No abstract provided.


President Donald Trump And Federal Bench Diversity, Carl Tobias May 2018

President Donald Trump And Federal Bench Diversity, Carl Tobias

Washington and Lee Law Review Online

No abstract provided.


The Once And (Maybe) Future Klein Principle, William D. Araiza May 2018

The Once And (Maybe) Future Klein Principle, William D. Araiza

Washington and Lee Law Review Online

This Response considers Evan Zoldan’s argument, set forth in his recently-published Article, that one can find a coherent principle underlying the vexing case of United States v. Klein in the idea that government is prohibited from what Zoldan calls “self-dealing.” The promise is a seductive one: Klein, and in particular its language prohibiting Congress from dictating “rules of decision” to courts, has puzzled scholars for generations. As Zoldan explains, other understandings of Klein all encounter significant obstacles in the form of precedent that rebut other explanations of what that case really means.

Unfortunately, Zoldan’s valiant and careful effort ...


Smoke ‘Em If You Got ‘Em?— Reconsidering The Activist State Attorney General In Light Of Climate Change, Tobacco Tactics, & Exxonmobil, Christopher C. Brewer Apr 2018

Smoke ‘Em If You Got ‘Em?— Reconsidering The Activist State Attorney General In Light Of Climate Change, Tobacco Tactics, & Exxonmobil, Christopher C. Brewer

Washington and Lee Law Review Online

No abstract provided.


Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez Apr 2018

Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez

Washington and Lee Law Review Online

No abstract provided.


Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law Apr 2018

Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship

No abstract provided.


I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo Apr 2018

I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Contraception Matters: Rights, Class, And Context, Naomi Cahn Apr 2018

Contraception Matters: Rights, Class, And Context, Naomi Cahn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Savior Siblings In The United States: Ethical Conundrums, Legal And Regulatory Void, Zachary E. Shapiro Apr 2018

Savior Siblings In The United States: Ethical Conundrums, Legal And Regulatory Void, Zachary E. Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Forward, Joan M. Shaughnessy Apr 2018

Forward, Joan M. Shaughnessy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst Apr 2018

What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan Apr 2018

Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth Apr 2018

The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond Apr 2018

Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead Apr 2018

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note, Erica Sieg Apr 2018

Editor's Note, Erica Sieg

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Apr 2018

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reaching A Sense Of Justice: Understanding How The Facilitation Theory Of Prosecution Under Federal Criminal Law Can Be Used To Hold Hard Targets Accountable For Financial Crimes And Corporate Corruption, Thomas M. Dibiagio Mar 2018

Reaching A Sense Of Justice: Understanding How The Facilitation Theory Of Prosecution Under Federal Criminal Law Can Be Used To Hold Hard Targets Accountable For Financial Crimes And Corporate Corruption, Thomas M. Dibiagio

Washington and Lee Law Review Online

A fundamental principle of criminal law is that to hold a defendant accountable, the prosecution must prove that he culpably participated in the criminal activity. To prove culpable participation, the government can prove a defendant’s direct knowledge of and active participation in the criminal conduct. However, because of the nature of financial crimes and corporate misconduct, culpable targets often are able to insulate themselves from the underlying criminal conduct and thereby, frustrate the prosecution’s ability to meet this evidentiary standard. The resulting impunity undermines the public’s trust and confidence in the fundamental fairness of the enforcement of ...