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Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon 2010 Touro Law Center

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Louise Harmon

No abstract provided.


Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine 2010 Selected Works

Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine

Samuel J. Levine

Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of ...


Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine 2010 Selected Works

Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine

Samuel J. Levine

Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.

In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of ...


Civil Rights And Related Decisions, Eileen Kaufman 2010 Touro Law Center

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon 2010 Touro Law Center

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Eileen Kaufman

No abstract provided.


A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman 2010 Touro Law Center

A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman

Eileen Kaufman

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz 2010 Touro Law Center

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Eileen Kaufman

No abstract provided.


Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman 2010 Touro Law Center

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty 2010 Nevada Law Journal

Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty

Nevada Supreme Court Summaries

No abstract provided.


Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen 2010 Duke Law

Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann 2010 Western Kentucky University

Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann

Parameters of Law in Student Affairs and Higher Education (CNS 670)

In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i ...


In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield 2010 Widener Law

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield

Alan E Garfield

No abstract provided.


Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks 2010 University of Maryland School of Law

Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks

Taunya Lovell Banks

Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge. Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its ...


Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow 2010 University of South Carolina - Columbia

Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow

Faculty Publications

Issues of fair use in copyright cases are usually decided at summary judgment. But it was not always so. For well over a century, juries routinely decided these issues. The law recognized that fair use issues were highly subjective and thereby inherently factual — unfit for summary disposition by a judge. Today, however, all this has been forgotten. Judges are characterizing factual issues as purely legal so that fair use may be decided at summary judgment. Even while judges acknowledge that reasonable minds may disagree on these issues, they characterize the issues as legal, preventing them from ever reaching a jury ...


Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho 2010 Fried, Frank, Harris, Shriver & Jacobson LLP / NAACP LDF

Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho

Dale E Ho

The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of ...


Impeachment And Assassination, Josh Chafetz 2010 Cornell Law School

Impeachment And Assassination, Josh Chafetz

Cornell Law Faculty Publications

In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable.

This Article for the ...


Two-Way Translation: The Ethics Of Engaging With Religious Contributions In Public Deliberation, Jeremy Waldron 2010 NYU School of Law

Two-Way Translation: The Ethics Of Engaging With Religious Contributions In Public Deliberation, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Using as an exemplar, the 2007 "Evangelical Declaration against Torture," this paper examines the role of religious argument in public life. The Declaration was drawn up by David Gushee, University Professor at Mercer University, and others. It argues for an absolute ban on the use of torture deploying unashamedly Christian rhetoric, some of it quite powerful and challenging. For example, it says: " [T]he Holy Spirit participates in human pathos with groans and sighs too deep for words. The cries of the tortured are in a very real sense, … the cries of the Spirit." The present paper considers whether there ...


Dignity, Rights, And Responsibilities, Jeremy Waldron 2010 NYU School of Law

Dignity, Rights, And Responsibilities, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Taking as its point of departure, a Green Paper published by the UK government in 2008 urging greater emphasis on responsibilities, this essay considers various senses of "responsibility" that may be thought important in and around the topic of individual rights. Most likely, the authors of the Green Paper had in mind responsibilities that are correlative to rights and responsibilities that qualify rights or limit their exercise. But an additional idea - which has not been properly considered - is the idea of rights which ARE (in large part) responsibilities, rights which embody responsibilities. An obvious example is the right of a ...


Toleration And Calumny: Bayle, Locke, Montesquie And Voltaire On Religious Hate Speech, Jeremy Waldron 2010 NYU School of Law

Toleration And Calumny: Bayle, Locke, Montesquie And Voltaire On Religious Hate Speech, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

There is a considerable literature on the issue of hate speech. And there is a considerable literature on religious toleration (both contemporary and historic). But the two have not been brought into relation with one another. In this paper, I consider how the argument for religious toleration extends beyond a requirement of non-persection and non-establishment. I consider its application to the question of religious vituperation. The focus of the paper is on 17th and 18th century theories. Locke, Bayle and other Enlightenment thinkers imagined a tolerant society as a society free of hate speech: the kind of religious peace that ...


Socioeconomic Rights And Theories Of Justice, Jeremy Waldron 2010 NYU School of Law

Socioeconomic Rights And Theories Of Justice, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper considers the relation between theories of justice (like John Rawls’s theory) and theories of socio-economic rights. In different ways, these two kinds of theory address much the same subject-matter. But they are quite strikingly different in format and texture. Theories of socio-economic rights defend particular line-item requirements: a right to this or that good or opportunity (e.g., housing, health care, education, social security). Theories of justice tend to involve a more integrated normative account of a society’s basic structure (though they differ considerably among themselves in their structure). So how exactly should we think about ...


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