A Closer Look At Bowers V. Hardwick: State And Federal Decisions Concerning Sexual Privacy And Equal Protection, 2015 Touro University Jacob D. Fuchsberg Law Center
A Closer Look At Bowers V. Hardwick: State And Federal Decisions Concerning Sexual Privacy And Equal Protection, Jonathan Tatun
Touro Law Review
No abstract provided.
Constitutional Limits To The Fight Against Terrorism, 2015 Touro University Jacob D. Fuchsberg Law Center
Constitutional Limits To The Fight Against Terrorism, Leon Friedman
Touro Law Review
No abstract provided.
Supreme Court Section 1983 Decisions: (October 2001 Term), 2015 Touro Law Center
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Touro Law Review
No abstract provided.
A Balanced Diet Of First Amendment Cases, 2015 Touro University Jacob D. Fuchsberg Law Center
A Balanced Diet Of First Amendment Cases, Joel Gora
Touro Law Review
No abstract provided.
Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, 2015 Selected Works
Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall
Eric J. Segall
No abstract provided.
Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, 2015 University of Dayton
Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell
Timothy A Campbell
No abstract provided.
April 12, 2015: Going After Faith, 2015 Duquesne University
April 12, 2015: Going After Faith, Bruce Ledewitz
Hallowed Secularism
Blog post, “Going After Faith“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Rethinking The New Deal Court: The Structure Of A Constitutional Revolution, 2015 Notre Dame Law School
Rethinking The New Deal Court: The Structure Of A Constitutional Revolution, Barry Cushman
Barry Cushman
This book challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In the conventional view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New …
Keeping Civil Rights Debates Civil: Removing Opportunities For Prejudice, 2015 Duke Law
Keeping Civil Rights Debates Civil: Removing Opportunities For Prejudice, Steven Saracco
Duke Journal of Constitutional Law & Public Policy Sidebar
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of religion in employment decisions made by private employers. This commentary analyzes Equal Employment Opportunity Commission v. Abercrombie & Fitch, a case before the Supreme Court on the issue of whether a job applicant bears the burden of expressly notifying an employer of a conflict between the applicant’s religious beliefs and the employer’s policies before the employer must offer a reasonable accommodation. This case deals with a Muslim woman who was denied employment at a clothing store because her headdress was deemed to be a …
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, 2015 Kent State University - Kent Campus
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor
Jarrod Tudor
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
The Constitutional Law Of Intellectual Property After Eldred V. Ashcroft, 2015 Berkeley Law
The Constitutional Law Of Intellectual Property After Eldred V. Ashcroft, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), 2015 University of California - Berkeley School of Law
Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet
Pamela Samuelson
No abstract provided.
April 8, 2015: Only Ten Years Stopping An Iranian Bomb, 2015 Duquesne University
April 8, 2015: Only Ten Years Stopping An Iranian Bomb, Bruce Ledewitz
Hallowed Secularism
Blog post, “Only Ten Years Stopping an Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Negotiating Federalism And The Structural Constitutionn: Navigating The Separation Of Powers Both Vertically And Horizontally, 2015 Florida State University College of Law
Negotiating Federalism And The Structural Constitutionn: Navigating The Separation Of Powers Both Vertically And Horizontally, Erin Ryan
Scholarly Publications
No abstract provided.
The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, 2015 Kent State University - Kent Campus
The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, Jarrod Tudor
Jarrod Tudor
The benefits to free movement of international financial flows are numerous but include an efficient asset market and the opportunity for economic growth and development for countries engaged in an agreement allowing for such freedom. The free movement of capital is one of the four pillars of the Treaty on the Function of the European Union (TFEU) along with the free movement of goods, services, and labor. Article 63 of the TFEU prohibits limitations on the free movement of capital while Article 65 of the TFEU allows for some exceptions. Not only does the free movement of capital doctrine suppose …
The Associational Hoax: Corporate Personhood & Shareholder Rights After Hobby Lobby And Citizens United, 2015 Harvard University
The Associational Hoax: Corporate Personhood & Shareholder Rights After Hobby Lobby And Citizens United, Jaimie K. Mcfarlin
Jaimie K. McFarlin
No abstract provided.
April 3, 2015: Making The Worst Of Religion, 2015 Duquesne University
April 3, 2015: Making The Worst Of Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Making the Worst of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Election Law—Introduction, 2015 Loyola Marymount University and Loyola Law School
Election Law—Introduction, Jessica A. Levinson
Loyola of Los Angeles Law Review
No abstract provided.
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, 2015 University of Baltimore School of Law
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
All Faculty Scholarship
The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.
A careful reading of the history of the framing …
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, 2015 Loyola Marymount University and Loyola Law School
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho
Loyola of Los Angeles Law Review
In the armed conflict resulting from the September 11 attacks, the executive authority to order the indefinite detention of citizens captured away from the theater of war is an issue of foreign and domestic significance. The relevant law of armed conflict provisions relevant to conflicts that are international or non-international in nature, however, do not fully address this issue. Congress also intentionally left the question of administrative orders of citizen detainment unresolved in a controversial provision of the 2012 version of the annually-enacted National Defense Authorization Act. While plaintiffs in Hedges v. Obama sought to challenge the enforceability of NDAA’s …