Obergefell V. Hodges: How The Supreme Court Should Have Decided The Case,
2015
The University of Akron
Obergefell V. Hodges: How The Supreme Court Should Have Decided The Case, Adam Lamparello
ConLawNOW
In Obergefell, et al. v. Hodges, Justice Kennedy’s majority opinion legalizing same-sex marriage was based on “the mystical aphorisms of a fortune cookie,” and “indefensible as a matter of constitutional law.” Kennedy’s opinion was comprised largely of philosophical ramblings about liberty that have neither a constitutional foundation nor any conceptual limitation. The fictional opinion below arrives at the same conclusion, but the reasoning is based on equal protection rather than due process principles. The majority opinion holds that same-sex marriage bans violate the Equal Protection Clause because they: (1) discriminate on the basis of gender; (2) promote gender-based stereotypes; and …
November 19, 2015: How To Defeat Isis,
2015
Duquesne University
November 19, 2015: How To Defeat Isis, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Defeat ISIS“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All,
2015
Singapore Management University
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify
,
2015
Selected Works
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Russell D. Covey
No abstract provided.
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout,
2015
Georgia State University College of Law
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Russell D. Covey
No abstract provided.
Noriega V. Activision/Blizzard: The First Amendment Right To Use A Historical Figure's Likeness In Video Games,
2015
Duke Law
Noriega V. Activision/Blizzard: The First Amendment Right To Use A Historical Figure's Likeness In Video Games, Joshua Sinclair
Duke Law & Technology Review
Panama’s former dictator, Manuel Noriega, recently sued Activision Blizzard in the California Superior Court for using his likeness and image in the popular video game “Call of Duty: Black Ops II.” In his complaint, Noriega alleged that the use of his likeness violated his right of publicity. Former New York Mayor, Rudy Giuliani, came to Activision’s defense, and filed a motion to dismiss, which was granted. In granting Activision’s motion, the court held that Activision’s use of Noriega’s likeness was transformative and did not violate his right of publicity. This Issue Brief argues that the California Superior Court should not …
The Worms And The Octopus: Religious Freedom, Pluralism, And Conservatism,
2015
Notre Dame Law School
The Worms And The Octopus: Religious Freedom, Pluralism, And Conservatism, Richard Garnett
Richard W Garnett
formidable challenge for an academic lawyer hoping to productively engage and intelligently assess “American Conservative Thought and Politics” is answering the question, “what, exactly, are we talking about?” The question is difficult, the subject is elusive. “American conservatism” has always been protean, liquid, and variegated – more a loosely connected or casually congregating group of conservatisms than a cohesive and coherent worldview or program. There has always been a variety of conservatives and conservatisms – a great many shifting combinations of nationalism and localism, piety and rationalism, energetic entrepreneurism and romanticization of the rural, skepticism and crusading idealism, elitism and …
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy,
2015
William & Mary Law School
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
William & Mary Environmental Law and Policy Review
No abstract provided.
November 15, 2015: None,
2015
Duquesne University
November 15, 2015: None, Bruce Ledewitz
Hallowed Secularism
Blog post, “None“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage,
2015
William & Mary Law School
Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
November 13, 2015: Heidegger’S Judeo-Christian,
2015
Duquesne University
November 13, 2015: Heidegger’S Judeo-Christian, Bruce Ledewitz
Hallowed Secularism
Blog post, “Heidegger’s Judeo-Christian“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Too Much Collateral Damage; Fatca: The Well-Intentioned, Yet Misguided And Unconstitutional, Tax Law,
2015
Pepperdine University
Too Much Collateral Damage; Fatca: The Well-Intentioned, Yet Misguided And Unconstitutional, Tax Law, Zac Delap
Journal of the National Association of Administrative Law Judiciary
This paper will examine FATCA in five parts: beginning with an introduction in Part I, Part II will provide the pertinent background that gave rise to the law, Part III will present the essential elements of FATCA, Part IV will offer pertinent liberty and constitutional arguments against FATCA, and Part V will analyze each argument's possibility of succeeding.
Law, Religion, And Politics: Understanding The Separation Of Church And State,
2015
University of Notre Dame Law School
Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett
Faculty Workshops
Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.
Discrimination As Disruption: Addressing Hostile Environments Without Violating The Constitution,
2015
University of Pennsylvania Carey Law School
Discrimination As Disruption: Addressing Hostile Environments Without Violating The Constitution, Cara Mcclellan
All Faculty Scholarship
In early March 2015, a video surfaced showing members of the Sigma Alpha Epsilon (SAE) fraternity at the University of Oklahoma chanting: “There will never be a nigger at SAE . . . you can hang him from a tree, but he’ll never sign with me.” Following the wide circulation of this video, the university’s president expelled two students leading the chants in the video for creating a hostile racial environment on campus. Legal commentators criticized this disciplinary action, arguing that it violated the First Amendment and principles of academic freedom. On the other hand, a review of Title VI …
Death, Desuetude, And Original Meaning,
2015
University of Florida Levin College of Law
Death, Desuetude, And Original Meaning, John F. Stinneford
John F. Stinneford
One of the most common objections to originalism is that it cannot cope with cultural change. One of the most commonly invoked examples of this claimed weakness is the Cruel and Unusual Punishments Clause, whose original meaning would (it is argued) authorize barbaric punishment practices like flogging and branding, and disproportionate punishments like the death penalty for relatively minor offenses. This Article shows that this objection to originalism is inapt, at least with respect to the Cruel and Unusual Punishments Clause. As I have shown in prior articles, the original meaning of “cruel and unusual” is “cruel and contrary to …
November 8, 2015: What Is Wrong With Whites?,
2015
Duquesne University
November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is Wrong with Whites?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea,
2015
Georgia State University College of Law
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Direitos Sociais, Estado De Direito E Desigualdade: Reflexões Sobre As Críticas À Judicialização Dos Direitos Prestacionais,
2015
Universidade do Estado do Rio de Janeiro
Direitos Sociais, Estado De Direito E Desigualdade: Reflexões Sobre As Críticas À Judicialização Dos Direitos Prestacionais, Jane Reis Gonçalves Pereira
Jane Reis Gonçalves Pereira
A tensão ancestral entre democracia e poder judicial é aparentemente acentuada quando se trata de conferir efetividade aos direitos sociais. O presente artigo discute as principais críticas à implementação de direitos positivos pelo Poder Judiciário. Primeiramente, é apresentada uma revisão dos tópicos mais importantes na dogmática sobre os direitos sociais. Em sequência, busca-se enfrentar as objeções postas à ampliação do papel do Judiciário na realização desses direitos, sem deixar de reconhecê-las como referenciais importantes para a construção de um modelo interpretativo adequado. A hipótese central é de que as críticas à intervenção do Judiciário em políticas públicas sobrevalorizam as falhas …
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015),
2015
John Marshall Law School
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports,
2015
University of Georgia School of Law
Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson
Georgia Journal of International & Comparative Law
No abstract provided.
