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Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve 2010 Indiana University Maurer School of Law

Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve

Articles by Maurer Faculty

This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.


The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer 2010 Indiana University Maurer School of Law

The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer

Articles by Maurer Faculty

This Essay argues that the future of the majority-minority district is in peril, as a conservative majority on the Court stands poised to strike down section 2 of the Voting Rights Act. When the Court takes up the constitutionality of Section 2, binding precedent will play a secondary role at best. Instead, the Justices’ policy goals and ideological preferences - namely, their personal disdain for the use of race in public life - will guide the Court’s conclusion. In this vein, Justice Kennedy holds the fate of the Act in his hands. To be clear, this Essay is not trying to ...


Examining A First Amendment Court Case To Teach Argument Analysis To Freshman Writers At An Art College, Angelika Festa 2010 Massachusetts College of Art

Examining A First Amendment Court Case To Teach Argument Analysis To Freshman Writers At An Art College, Angelika Festa

Human Architecture: Journal of the Sociology of Self-Knowledge

By examining the arguments put forth by plaintiffs and defendants in art censorship cases, students in a freshman writing course become aware that argumentation and analysis play important roles not only in courts of law but also in the art world and in their own everyday lives as artists. This article discusses effective use of published information about a 1999 First Amendment case (Brooklyn Institute of the Arts and Sciences v. City of New York and Rudolph W. Giuliani). Guided by reading and writing assignments and a series of class discussions, students learn to analyze arguments on rights related to ...


Constitutional Borrowing, Nelson Tebbe, Robert Tsai 2010 Brooklyn Law School

Constitutional Borrowing, Nelson Tebbe, Robert Tsai

Faculty Scholarship

No abstract provided.


A Social Movement History Of Title Vii Disparate Impact Analysis, Susan Carle 2010 American University Washington College of Law

A Social Movement History Of Title Vii Disparate Impact Analysis, Susan Carle

Articles in Law Reviews & Other Academic Journals

The U.S. Supreme Court’s recent opinion in Ricci v. DeStefano suggests trouble ahead for disparate impact analysis under Title VII of the Civil Rights Acts of 1964 and 1991. Commentators, too, have begun to question the policy bases for this doctrine. Part of the current tenuousness surrounding disparate impact analysis, which the Court first approved in its 1971 opinion in Griggs v. Duke Power Company, stems from assumptions that the EEOC pursued this theory as a last-minute, ill-conceived afterthought that was not in keeping with Congress’s intent when it passed Title VII in 1964. In this Article ...


State Sovereign Immunity And The Roberts Court, Stephen I. Vladeck 2010 American University Washington College of Law

State Sovereign Immunity And The Roberts Court, Stephen I. Vladeck

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The 9/11 Commission And The White House: Issues Of Executive Privilege And Separation Of Powers, Daniel Marcus 2010 American University Washington College of Law

The 9/11 Commission And The White House: Issues Of Executive Privilege And Separation Of Powers, Daniel Marcus

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo 2010 University of Pennsylvania Law School

Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo

Faculty Scholarship

On February 6 and 7, 2009, more than three dozen of the nation’s most distinguished commentators on presidential power gathered in Philadelphia to explore themes raised by a book authored by Steven Calabresi and I co-authored reviewing the history of presidential practices with respect to the unitary executive. The conference honoring our book and the special journal issue bringing together the articles presented there provide a welcome opportunity both to look backwards on the history of our project and to look forwards at the questions yet to be answered.


“Hard Strikes And Foul Blows”: Berger V. United States 75 Years After, Bennett L. Gershman 2010 Elisabeth Haub School of Law at Pace University

“Hard Strikes And Foul Blows”: Berger V. United States 75 Years After, Bennett L. Gershman

Pace Law Faculty Publications

My essay examines one of the most iconic decision of the Supreme Court seventy five years later. Berger v. United States is the most eloquent and authoritative description of the prosecutor's duty "not that it shall win a case but that justice shall be done." My essay looks at why the Court decided to take up the case then, and why it has become so prominent in criminal law and ethics.


Further Reflections On Not Being “Not An Originalist”, H. Jefferson Powell 2010 Duke Law School

Further Reflections On Not Being “Not An Originalist”, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins 2010 William & Mary Law School

How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins

Faculty Publications

No abstract provided.


Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin 2010 University of Miami School of Law

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

Articles

No abstract provided.


Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman 2010 University of Pennsylvania Law School

Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman

Faculty Scholarship

No abstract provided.


Equitable Balancing In The Age Of Statutes, Jared Goldstein 2010 Roger Williams University School of Law

Equitable Balancing In The Age Of Statutes, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


The Dignity Of Voters—A Dissent, James A. Gardner 2010 University at Buffalo School of Law

The Dignity Of Voters—A Dissent, James A. Gardner

Journal Articles

Since the waning days of the Burger Court, the federal judiciary has developed a generally well-deserved reputation for hostility to constitutional claims of individual right. In the field of democratic process, however, the Supreme Court has not only affirmed and expanded the applications of previously recognized rights, but has also regularly recognized new individual rights and deployed them with considerable vigor. The latest manifestation of this trend appears to be the emergence of a new species of vote dilution claim that recognizes a constitutionally grounded right against having one’s vote “cancelled out” by fraud or error in the casting ...


Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis 2010 University of Pennsylvania

Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis

Faculty Scholarship

No abstract provided.


State Action And Corporate Human Rights Liability, Curtis A. Bradley 2010 Duke Law School

State Action And Corporate Human Rights Liability, Curtis A. Bradley

Faculty Scholarship

This essay considers the requirement of state action in suits brought against private corporations under the Alien Tort Statute. It argues that, in addressing this requirement, courts have erred in applying the state action jurisprudence developed under the domestic civil rights statute, 42 U.S.C. § 1983. It also argues that, even if it were appropriate to borrow in this manner from the Section 1983 cases, such borrowing would not support the allowance of aiding and abetting liability against corporations, and that this liability is also problematic on a number of other grounds.


The Forgotten Freedom Of Assembly, John D. Inazu 2010 Duke Law School

The Forgotten Freedom Of Assembly, John D. Inazu

Faculty Scholarship

The freedom of assembly has been at the heart of some of the most important social movements in American history: antebellum abolitionism, women's suffrage in the nineteenth and twentieth centuries, the labor movement in the Progressive Era and after the New Deal, and the civil rights movement. Claims of assembly stood against the ideological tyranny that exploded during the first Red Scare in the years surrounding the First World War and the second Red Scare of 1950s McCarthyism. Abraham Lincoln once called 'the right of the people peaceably to assemble' part of 'the Constitutional substitute for revolution'. In 1939 ...


Legalism And Decisionism In Crisis, Noa Ben-Asher 2010 Elisabeth Haub School of Law at Pace University

Legalism And Decisionism In Crisis, Noa Ben-Asher

Pace Law Faculty Publications

In the years since September 11, 2001, scholars have advocated two main positions on the role of law and the proper balance of powers among the branches of government in emergencies. This Article critiques these two approaches-which could be called Legalism and Decisionism-and offers a third way. Debates between Legalism and Decisionism turn on (1) whether emergencies can be governed by prescribed legal norms; and (2) what the balance of powers among the three branches of government should be in emergencies. Under the Legalist approach, legal norms can and should guide governmental response to emergencies, and the executive branch is ...


“Equal Citizenship Stature”: Justice Ginsburg’S Constitutional Vision, Neil S. Siegel 2010 Duke Law School

“Equal Citizenship Stature”: Justice Ginsburg’S Constitutional Vision, Neil S. Siegel

Faculty Scholarship

In this essay, Professor Siegel examines the nature and function of constitutional visions in the American constitutional order. He argues that Associate Justice Ruth Bader Ginsburg possesses such a vision and that her vision is defined by her oft-stated commitment to “full human stature,” to “equal citizenship stature.” He then defends Justice Ginsburg’s characteristically incremental and moderate approach to realizing her vision. He does so in part by establishing that President Barack Obama articulated a similar vision and approach in his Philadelphia speech on American race relations and illustrated its capacity to succeed during the 2008 presidential election.


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