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April 14, 2008: Senator Barack Obama's San Francisco Comments, Bruce Ledewitz Apr 2008

April 14, 2008: Senator Barack Obama's San Francisco Comments, Bruce Ledewitz

Hallowed Secularism

Senator Barack Obama's San Francisco Comments

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The Perverse Effect Of Campaign Contribution Limits: Making The Amount Of Money That Can Be Offered Smaller Increases The Likelihood Of Corruption In The Federal Legislature, Philip Nichols Apr 2008

The Perverse Effect Of Campaign Contribution Limits: Making The Amount Of Money That Can Be Offered Smaller Increases The Likelihood Of Corruption In The Federal Legislature, Philip Nichols

Philip M. Nichols

Corruption is an important issue, which poses a special threat to the democratic institutions and integrity of the United States. The purpose of campaign finance regulation is to reduce or eliminate corruption. Congress has enacted substantial legislation for this purpose, yet corruption flourishes. This paper suggests that the campaign finance laws fail to take into account the actual decisionmaking process of a legislator contemplating a corrupt act. By diagramming that process, this paper demonstrates that the legislation, which focuses on limiting the size of individual campaign contributions, actually increases the likelihood of corruption. An understanding of the decisionmaking process points …

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Last-Mile Dilemma: How Network Neutrality Legislation Could Create Barriers To Innovation, Nicholas R. Brown Apr 2008

Last-Mile Dilemma: How Network Neutrality Legislation Could Create Barriers To Innovation, Nicholas R. Brown

Nicholas R Brown

This paper takes a look at the various concepts of Network Neutrality and their affects on the end user. And then investigates proposed policy solutions and how that policy may hinder future Internet innovation.

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April 2, 2008: Death And Resurrection, Bruce Ledewitz Apr 2008

April 2, 2008: Death And Resurrection, Bruce Ledewitz

Hallowed Secularism

Death and Resurrection

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Judging Sex In War, Karen Engle Apr 2008

Judging Sex In War, Karen Engle

Michigan Law Review

Rape is often said to constitute a fate worse than death. It has long been deployed as an instrument of war and outlawed by international humanitarian law as a serious-sometimes even capital-crime. While disagreement exists over the meaning of rape and the proof that should be required to convict an individual of the crime, today the view that rape is harmful to women enjoys wide concurrence. Advocates for greater legal protection against rape often argue that rape brings shame upon raped women as well as upon their communities. Shame thus adds to rape's power as a war weapon. Sexual violence …

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March 31, 2008: What's Wrong With Progressive Religion?, Bruce Ledewitz Mar 2008

March 31, 2008: What's Wrong With Progressive Religion?, Bruce Ledewitz

Hallowed Secularism

What's Wrong with Progressive Religion?

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March 29, 2008: Secularists And Tibet, Bruce Ledewitz Mar 2008

March 29, 2008: Secularists And Tibet, Bruce Ledewitz

Hallowed Secularism

Secularists and Tibet

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Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters Mar 2008

Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters

Timothy W Waters

This essay is a reflection on democracy, justice and intervention. It focuses on the Bosnian experience, where since the Dayton Accords the indispensable context for reform has been the international protectorate. This essay examines the assumptions used by the international community to govern Bosnia, which suggest a policy premised upon resistance to the fragmentation of the state under any circumstances, and a belief that the international intervention is simultaneously morally justified and a purely technical process for increasing efficiency. How necessary – indeed, how related at all – are those commitments to the dictates of justice? What is their relationship …

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The Limits Of Backlash: Assessing The Political Response To Kelo, Ilya Somin Mar 2008

The Limits Of Backlash: Assessing The Political Response To Kelo, Ilya Somin

Ilya Somin

The Supreme Court's 2005 decision in Kelo v. City of New London, which upheld the power of government to condemn private property for purposes of economic development, generated a massive political backlash from across the political spectrum. Over forty states, as well as the federal government, have enacted post-Kelo reform legislation to curb eminent domain. This Article is the first comprehensive analysis of the legislative response to Kelo. It challenges the validity of claims that the political backlash to Kelo will provide the same sort of protection for property owners as would a judicial ban on economic development takings. Most …

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March 21, 2008: March Atlantic Monthly And The Influence Of Religion, Bruce Ledewitz Mar 2008

March 21, 2008: March Atlantic Monthly And The Influence Of Religion, Bruce Ledewitz

Hallowed Secularism

March Atlantic Monthly and the Influence of Religion

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While The Government Fiddled Around, The Big Easy Drowned: How The Posse Comitatus Act Became The Government's Alibi For The Hurricane Katrina Disaster, Candidus Dougherty Mar 2008

While The Government Fiddled Around, The Big Easy Drowned: How The Posse Comitatus Act Became The Government's Alibi For The Hurricane Katrina Disaster, Candidus Dougherty

Candidus Dougherty

This Article analyzes how the government's blame of the Posse Comitatus Act (PCA) for its late response to the Hurricane Katrina disaster was misplaced. In Part One, I discuss the history of the Posse Comitatus Act, including a summary of some of its many judicial and congressional expansions. In Part Two, I apply the PCA to the Hurricane Katrina Disaster to show that, under its proper application, the PCA does, in fact, permit the lawful use of the military for humanitarian purposes. Based on this analysis, I conclude that we should focus our efforts less on the Posse Comitatus Act …

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Habeas Schmabeas: Should The Great Writ Be Suspended?, Clif Bennette Mar 2008

Habeas Schmabeas: Should The Great Writ Be Suspended?, Clif Bennette

Clif Bennette

The article discusses the constitutional and international law violations of the Military Commissions Act caused by the suspension of habeas corpus for Guantánamo Bay detainees Boumediene and Al Odah and the legal inadequacy of military commissions.

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March 15, 2008: Senator Obama Doesn't Get The Pennsylvania Primary, Bruce Ledewitz Mar 2008

March 15, 2008: Senator Obama Doesn't Get The Pennsylvania Primary, Bruce Ledewitz

Hallowed Secularism

Senator Obama Doesn't Get the Pennsylvania Primary

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Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech?, Johnny Buckles Mar 2008

Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech?, Johnny Buckles

Johnny Buckles

The Internal Revenue Service is aggressively investigating churches for their alleged political endorsements of candidates in the 2008 presidential election. At issue is whether these churches have violated section 501(c)(3) of the Internal Revenue Code, which imposes a ban on electioneering by churches and other charities as a condition of maintaining federal income tax exemption. The ban has been justified as necessary to ensure the proper separation of church and state. This article critically analyzes this rationale for the ban. Four major variants of the separationist argument are articulated and thoroughly analyzed in the context of relevant Supreme Court case …

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Let’S Not Jump To Conclusions: How Courts Should Approach Voting Rights Act Challenges To Felon Disenfranchisement Laws, Thomas G. Varnum Mar 2008

Let’S Not Jump To Conclusions: How Courts Should Approach Voting Rights Act Challenges To Felon Disenfranchisement Laws, Thomas G. Varnum

Thomas G Varnum

The focus of my article is felon disenfranchisement challenges under Section 2 of the Voting Rights Act. Section 2 prohibits states from denying or abridging the right to vote on account of race or color. Many felons have attempted to challenge felon disenfranchisement laws under Section 2. The general argument is that these laws have racially biased effects and thus may violate Section 2. However, a circuit split exists relative to whether courts can accept such challenges without violating the Constitution. I argue that both sides of the split are wrong. Specifically, courts do not have a standard analysis for …

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March 11, 2008: The Democratic Party Turns To Religion, Bruce Ledewitz Mar 2008

March 11, 2008: The Democratic Party Turns To Religion, Bruce Ledewitz

Hallowed Secularism

The Democratic Party Turns to Religion

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March 7, 2008: Progressive Religion And Hallowed Secularism, Bruce Ledewitz Mar 2008

March 7, 2008: Progressive Religion And Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Progressive Religion and Hallowed Secularism

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Unconscious Bias And The 2008 Presidential Election, Gregory S. Parks, Jeffrey J. Rachlinski Mar 2008

Unconscious Bias And The 2008 Presidential Election, Gregory S. Parks, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

The 2008 presidential campaign and election will be historic. It marks the first time a Black person (Barack Obama) and a woman (Hillary Clinton) have a real chance at winning the Presidency. Their viability as candidates symbolizes significant progress in overcoming racial and gender stereotypes in America. But closer analysis of the campaigns reveals that race and gender have placed enormous constraints on how these two Senators can run their candidacy. This is not surprising in light of the history of race and gender in voting and politics in America. But what is perhaps more surprising is how the campaigns …

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March 4, 2008: Anne Lamott, Bruce Ledewitz Mar 2008

March 4, 2008: Anne Lamott, Bruce Ledewitz

Hallowed Secularism

Anne Lamott

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Petition Without Prejudice: Against The Fraud Exception From The Toxic Tort Perspective, Jim M. Sabovich Mar 2008

Petition Without Prejudice: Against The Fraud Exception From The Toxic Tort Perspective, Jim M. Sabovich

Jim M Sabovich Jr.

While often thought of as a chemical sibling of the personal injury family, the modern toxic tort often implicates the Constitutional right to petition. Not with its core allegation that some misconduct by defendants caused plaintiffs to be exposed to a substance which then brought on some ailment, but with the marry of this to claims that defendant knew it was contaminating the air or the groundwater, but misrepresented that information to regulators, or allegations that it downplayed the danger of its substance to lawmakers resulting in less stringent regulation. Both types of allegations seek to impose tort liability for …

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Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral Mar 2008

Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral

University of Richmond Law Review

No abstract provided.

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An Empirical Analysis Of The Trends, Determinants, And Effects Of Majority Opinions Of The U.S. Supreme Court, James F. Spriggs, Ryan C. Black Feb 2008

An Empirical Analysis Of The Trends, Determinants, And Effects Of Majority Opinions Of The U.S. Supreme Court, James F. Spriggs, Ryan C. Black

James F. Spriggs II

In this essay we utilize an empirical legal studies approach to understand the way in which law develops on the U.S. Supreme Court. Our empirical indicator for law is a simple, yet powerful, characteristic of the Court’s opinions—their length. Building on past legal research, we submit that opinion length is one aspect of the overall language in an opinion and captures important features of a legal ruling Our analysis contributes to the legal literature by: (1) presenting a theoretical and empirical treatment of opinion length that affords us a better understanding of how law is crafted at the Court and …

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Federalism, The Rehnquist Court, And The Modern Republican Party, Bradley W. Joondeph Feb 2008

Federalism, The Rehnquist Court, And The Modern Republican Party, Bradley W. Joondeph

Bradley W. Joondeph

Most scholars agree that federalism was central to the Rehnquist Court’s constitutional agenda. But there is a part of the federalism story that has been largely overlooked: the Court's decisions involving the structural constraints on state governments, the most significant of which are preemption and the dormant Commerce Clause. This article makes two empirical claims about the Rehnquist Court’s federalism jurisprudence, one descriptive and one interpretive. The descriptive claim is that that the Court’s overall approach to federalism was more complicated than many have assumed, and it was not necessarily friendly to the states. To support this contention, I present …

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February 28, 2008: Abortion And Gay Marriage, Bruce Ledewitz Feb 2008

February 28, 2008: Abortion And Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Abortion and Gay Marriage

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Let’S Count Them All: Maryland Courts Should Adopt An Interventionist Approach To Contested Elections, John C. Armstrong Feb 2008

Let’S Count Them All: Maryland Courts Should Adopt An Interventionist Approach To Contested Elections, John C. Armstrong

John C Armstrong

Maryland courts currently take a hands-off approach to challenges to contested elections. In this article, I argue that the Maryland Court of Appeals should overrule some of its precedent and adopt a more active role in judicial challenges to contested elections. In Part I, I discuss the current statutory provisions and case law covering contest elections in Maryland. In Part II, I propose a new test for court challenges to contested elections. In Part III, I briefly summarize federal case law and case law from other states that have adopted an approach similar to the test I advocate. In Part …

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Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline Lipton Feb 2008

Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline Lipton

Jacqueline D Lipton

When the Oscar™-winning actress Julia Roberts fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the space, implicate unique aspects of an individual’s persona in cyberspace. Nevertheless, most of the legal rules developed for these disputes …

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"Remnants Of Past Troubles:" Self-Government Among Territories, Alan Tauber Feb 2008

"Remnants Of Past Troubles:" Self-Government Among Territories, Alan Tauber

Alan Tauber

The United Nations has declared 2001-2010 the Second Decade for the Elimination of Colonialism. In order to achieve this goal, the 16 remaining non-self-governing territories identified under Article 73 of the UN Charter must achieve self-government. But how is the UN to determine when that goal has been achieved? It is the argument of this article that the current definitions promulgated by the UN fail to provide any clear guidance, and conducts an empirical analysis, utilizing Qualitative Comparative Analysis, to compare non-self-governing territories and self-governing territories. It finds that the UN’s lists of factors of self-government fail to provide an …

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Rational Crises, Anup Malani, Albert Choi Feb 2008

Rational Crises, Anup Malani, Albert Choi

Anup Malani

The paper engages the ongoing debate among scholars such as Cass Sunstein, Max Bazerman and Richard Posner about why governments fail to take action to prevent crises such as Hurricane Katrina and global warming. Standard explanations rely on public choice theories (specifically collective action problems or conflicts between interest groups) or on cognitive limitations (such as hyperbolic discount rates or the inability to value low-probability events). In contrast, we offer a simple rational-choice explanation. The government may not act on information about a forthcoming crisis because there are many lobbies (including government agencies) seeking funding to address their selected crisis …

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The Alien Invasion?, Ediberto Roman Feb 2008

The Alien Invasion?, Ediberto Roman

Ediberto Roman

The Alien Invasion? explores the increasingly prevalent undercurrent of xenophobia and nativism appearing both in political circles and major media outlets throughout the nation. Of prime significance to the invasion rhetoric are the arguments that the current wave of immigration is of a volume unprecedented in American history, that it negatively impacts the nation’s economy, and that it puts America’s national security at risk by allowing potential terrorists to permeate our borders. By juxtaposing the substance of such claims with empirical data demonstrating the actual effects of the Latino and Latina immigrant population, The Alien Invasion? seeks to demonstrate that …

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February 22, 2008: Amy Sullivan--The Party Faithful: How And Why Democrats Are Closing The God Gap, Bruce Ledewitz Feb 2008

February 22, 2008: Amy Sullivan--The Party Faithful: How And Why Democrats Are Closing The God Gap, Bruce Ledewitz

Hallowed Secularism

Amy Sullivan--The Party Faithful: How and Why Democrats Are Closing the God Gap

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