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Articles 1 - 30 of 513
Full-Text Articles in Law
December 29, 2012: What Is Nihilism?, Bruce Ledewitz
December 29, 2012: What Is Nihilism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is Nihilism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 26, 2012: One Man Promoting Gay Marriage And Religious Liberty, Bruce Ledewitz
December 26, 2012: One Man Promoting Gay Marriage And Religious Liberty, Bruce Ledewitz
Hallowed Secularism
Blog post, “One Man Promoting Gay Marriage And Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 23, 2012: The Egyptian Constitution, Bruce Ledewitz
December 23, 2012: The Egyptian Constitution, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Egyptian Constitution“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nullifying The Debt Ceiling Threat Once And For All: Why The President Should Embrace The Least Unconstitutional Option, Neil H. Buchanan, Michael C. Dorf
Nullifying The Debt Ceiling Threat Once And For All: Why The President Should Embrace The Least Unconstitutional Option, Neil H. Buchanan, Michael C. Dorf
Cornell Law Faculty Publications
In August 2011, Congress and the President narrowly averted economic and political catastrophe, agreeing at the last possible moment to authorize a series of increases in the national debt ceiling. This respite, unfortunately, was merely temporary. The amounts of the increases in the debt ceiling that Congress authorized in 2011 were only sufficient to accommodate the additional borrowing that would be necessary through the end of 2012. In an economy that continued to show chronic weakness -- weakness that continues to this day -- the federal government would predictably continue to collect lower-than-normal tax revenues and to make higher-than-normal expenditures, …
Kiobel V. Royal Dutch Petroleum: Delineating The Bounds Of The Alien Tort Statute, Tara Mcgrath
Kiobel V. Royal Dutch Petroleum: Delineating The Bounds Of The Alien Tort Statute, Tara Mcgrath
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews the upcoming Supreme Court case, Kiobel v. Royal Dutch Petroleum Co., in which the Court will address questions regarding the Alien Tort Statute and its applicability to foreign conduct and foreign litigants. The case will require the Court to reexamine the bounds of a long-ago established tort doctrine in light of more modern considerations and developments in international law.
Affirmative Action On Life Support: Fisher V. University Of Texas At Austin And The End Of Not-So-Strict Scrutiny, Jonathan W. Rash
Affirmative Action On Life Support: Fisher V. University Of Texas At Austin And The End Of Not-So-Strict Scrutiny, Jonathan W. Rash
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Oath Of Office Vs. The Pledge, Larry Witner, Ron Washburn
Oath Of Office Vs. The Pledge, Larry Witner, Ron Washburn
Accounting Department Faculty Working Papers
All members of Congress take an oath of office to support the Constitution. Some of them make a pledge to Americans for Tax Reform (Grover Norquist, president) to oppose tax increases. For reasons stated in the article, we contend that the pledge has no force and effect and is not binding on members of Congress.
The article identifies and numbers 8 topics. This outline-type format helps a) to organize the subject matter, b) to highlight issues, and c) to reduce the word count as we don’t have to worry about smooth transitions.
December 20, 2012: No, God Has Not Called Them Home, Bruce Ledewitz
December 20, 2012: No, God Has Not Called Them Home, Bruce Ledewitz
Hallowed Secularism
Blog post, “No, God Has Not Called Them Home“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2012: Heller Is Good News For Gun Control, Bruce Ledewitz
December 16, 2012: Heller Is Good News For Gun Control, Bruce Ledewitz
Hallowed Secularism
Blog post, “Heller is Good News for Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz
December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bringing Wal-Mart Jobs to Michigan“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Popular Media
No abstract provided.
December 8, 2012: Another Challenge From Religious Conscience, Bruce Ledewitz
December 8, 2012: Another Challenge From Religious Conscience, Bruce Ledewitz
Hallowed Secularism
Blog post, “Another Challenge From Religious Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Fisher's Fishing Expedition, Vinay Harpalani
Fisher's Fishing Expedition, Vinay Harpalani
All Faculty Scholarship
This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of 'critical mass' and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher. The entire Fisher case is a fishing expedition - albeit one that might reel in race-conscious admissions.
December 5, 2012: Is Abortion Next?, Bruce Ledewitz
December 5, 2012: Is Abortion Next?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Abortion Next?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Limitations On Government: A Comparative Constitutional Analysis Of American And Iraqi Efforts To Preserve Liberty And To Protect Against Arbitrariness, Hemin Ibrahim Qadir
Limitations On Government: A Comparative Constitutional Analysis Of American And Iraqi Efforts To Preserve Liberty And To Protect Against Arbitrariness, Hemin Ibrahim Qadir
Law Student Scholarship
This dissertation is a comparative study in constitutionalism, the historical process of limiting government powers to enable the people to be well served and protected in important aspects of their human dignity. The two constitutional systems explored here are those of the United States and Iraq.
People have to be guaranteed protection and the Constitution must restrict the government from being too powerful to enact whatever laws or acts they want. The United States of America passed through many stages from the colonial period until present day to limit government powers, to protect human rights, fundamental rights, natural rights, and …
Inside Voices: Protecting The Student-Critic In Public Schools, Josie F. Brown
Inside Voices: Protecting The Student-Critic In Public Schools, Josie F. Brown
Faculty Publications
First Amendment doctrine acknowledges the constructive potential of citizens’ criticism of public officials and governmental policies by offering such speech vigilant protection. However, when students speak out about perceived injustice or dysfunction in their public schools, teachers and administrators too often react by squelching and even punishing student-critics. To counteract school officials’ reflexively repressive responses to student protest and petition activities, this Article explains why the faithful performance of public schools’ responsibility to prepare students for constitutional citizenship demands the adoption of a more receptive and respectful attitude toward student dissent. After documenting how both educators and courts have mistakenly …
Leaving The Bench, 1970-2009: The Choices Federal Judges Make, What Influences Those Choices, And Their Consequences, Stephen B. Burbank, S. Jay Plager, Gregory Ablavsky
Leaving The Bench, 1970-2009: The Choices Federal Judges Make, What Influences Those Choices, And Their Consequences, Stephen B. Burbank, S. Jay Plager, Gregory Ablavsky
All Faculty Scholarship
This article explores the decisions that, over four decades, lower federal court judges have made when considering leaving the bench, the influences on those decisions, and their potential consequences for the federal judiciary and society. A multi-method research strategy enabled the authors to describe more precisely than previous scholarship such matters of interest as the role that judges in senior status play in the contemporary federal judiciary, the rate at which federal judges are retiring from the bench (rather than assuming, or after assuming, senior status), and the reasons why some federal judges remain in regular active service instead of …
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the …
November 30, 2012: A Movie To Redeem Politics, Bruce Ledewitz
November 30, 2012: A Movie To Redeem Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Movie to Redeem Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Contraception Mandate, Caroline Mala Corbin
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Compromise on the Contraception Mandate?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 22, 2012: Happy Thanksgiving, Bruce Ledewitz
November 22, 2012: Happy Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin
The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Though Supreme Court upheld most parts of the Affordable Care Act (ACA), Congress’ goals in enacting it could still be frustrated by non-implementation. During his campaign for president, Governor Romney promised “to issue Obamacare waivers to all fifty states.” While such blanket waivers would likely violate the Constitution’s Take Care Clause, the ACA does permit other waivers. To be lawful, however, they must meet certain requirements designed to enhance access and lower cost. A president who opposes the ACA might be able to limit its implementation by refusing to issue premium subsidies in federally operated insurance exchanges, and this might …
November 21, 2012: The Tensions In Religious Liberty, Bruce Ledewitz
November 21, 2012: The Tensions In Religious Liberty, Bruce Ledewitz
Hallowed Secularism
Blog post, “he Tensions in Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 17, 2012: The Real Losers In This Election—Religious Voters, Bruce Ledewitz
November 17, 2012: The Real Losers In This Election—Religious Voters, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Real Losers in this Election—Religious Voters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz
November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz
Hallowed Secularism
Blog post, “No, Corporations Do Not Have Religious Rights“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 10, 2012: Tuesday Was A Vindication Of Hallowed Secularism, Bruce Ledewitz
November 10, 2012: Tuesday Was A Vindication Of Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Tuesday Was a Vindication of Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 9, 2012: Time To Repeal Campaign Contribution Limits, Bruce Ledewitz
November 9, 2012: Time To Repeal Campaign Contribution Limits, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Repeal Campaign Contribution Limits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2012: Accommodating Religion, Bruce Ledewitz
November 3, 2012: Accommodating Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Accommodating Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Inalienable Right Of Publicity, Jennifer E. Rothman
The Inalienable Right Of Publicity, Jennifer E. Rothman
All Faculty Scholarship
This article challenges the conventional wisdom that the right of publicity is universally and uncontroversially alienable. Courts and scholars have routinely described the right as a freely transferable property right, akin to patents or copyrights. Despite such broad claims of unfettered alienability, courts have limited the transferability of publicity rights in a variety of instances. No one has developed a robust account of why such limits should exist or what their contours should be. This article remedies this omission and concludes that the right of publicity must have significantly limited alienability to protect the rights of individuals to control the …