November 28, 2011: Death For The Hallowed Secularist,
2011
Duquesne University
November 28, 2011: Death For The Hallowed Secularist, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Death for the Hallowed Secularist“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Perfectly Legal To Mandate The Purchase Of Insurance,
2011
Widener Law
Perfectly Legal To Mandate The Purchase Of Insurance, Alan E. Garfield
Alan E Garfield
No abstract provided.
November 24, 2011: Happy Secular Thanksgiving,
2011
Duquesne University
November 24, 2011: Happy Secular Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Secular Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2011: Obama To Side With The Bishops,
2011
Duquesne University
November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz
Hallowed Secularism
Blog post, “Obama to Side With the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Marbury Versus Madison: Documents And Commentary,
2011
University of Maryland Francis King Carey School of Law
Marbury Versus Madison: Documents And Commentary, Mark Graber, Michael Perhac
Mark Graber
Marbury versus Madison combines documents and analytical essays timed for the bicentennial year (2003) of one of the most important Supreme Court cases. This timely collection will explain: the constitutional, political, philosophical background to judicial review the historical record leading to this landmark case the impact of the decision since 1803 its impact on the world stage, especially for new and emerging democratic nations. Also includes a listing of all the Supreme Court cases citing Marbury an an annotated Marbury v. Madison.
Rethinking Abortion: Equal Choice, The Constitution, And Reproductive Politics,
2011
University of Maryland Francis King Carey School of Law
Rethinking Abortion: Equal Choice, The Constitution, And Reproductive Politics, Mark Graber
Mark Graber
Mark Graber looks at the history of abortion law in action to argue that the only defensible, constitutional approach to the issue is to afford all women equal choice--abortion should remain legal or bans should be strictly enforced. Steering away from metaphysical critiques of privacy, Graber compares the philosophical, constitutional, and democratic merits of the two systems of abortion regulation witnessed in the twentieth century: pre-Roe v. Wade statutory prohibitions on abortion and Roe's ban on significant state interference with the market for safe abortion services. He demonstrates that before Roe, pro-life measures were selectively and erratically administered, thereby …
Dred Scott And The Problem Of Constitutional Evil,
2011
University of Maryland Francis King Carey School of Law
Dred Scott And The Problem Of Constitutional Evil, Mark Graber
Mark Graber
Dred Scott and the Problem of Constitutional Evil concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a "more perfect union" with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus …
Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?,
2011
Boston College Law School
Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown
George D. Brown
Most of the judges in America are elected. Yet the institution of the elected judiciary is in trouble, perhaps in crisis. The pressures of campaigning, particularly raising money, have produced an intensity of electioneering that many observers see as damaging to the institution itself. In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal …
Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model,
2011
Boston College Law School
Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown
George D. Brown
A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing from …
Accountability, Liability, And The War On Terror -- Constitutional Tort Suits As Truth And Reconciliation Vehicles,
2011
Boston College Law School
Accountability, Liability, And The War On Terror -- Constitutional Tort Suits As Truth And Reconciliation Vehicles, George D. Brown
George D. Brown
This Article examines the role of civil suits in providing accountability for the Bush administration's conduct of the "war on terror." There have been calls for a "Truth and Reconciliation Commission" to perform this function, almost like a retroactive impeachment of President Bush. For now, the idea appears to be dead, especially since many of the policies have continued under President Obama. Increasingly, the default accountability mechanism for questioning government conduct is the array of civil suits against federal officials by self-proclaimed victims of the war, cases which might be referred to as reverse war on terror suits. Many of …
Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent,
2011
Washington and Lee University School of Law
Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock
Scholarly Articles
Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …
Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment,
2011
Duke Law
Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment, Claire Fong
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
It’S My Church And I Can Retaliate If I Want To: Hosanna-Tabor And The Future Of The Ministerial Exception,
2011
Duke Law
It’S My Church And I Can Retaliate If I Want To: Hosanna-Tabor And The Future Of The Ministerial Exception, Brad Turner
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework,
2011
St. Augustine University of Tanzania
Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …
November 18, 2011: The Duquesne Secular Society,
2011
Duquesne University
November 18, 2011: The Duquesne Secular Society, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Duquesne Secular Society“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 16, 2011: A Secular Defense Of Religious Exemptions,
2011
Duquesne University
November 16, 2011: A Secular Defense Of Religious Exemptions, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Secular Defense of Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Direito E Poder Em Nietzsche,
2011
Universidade do Porto
Direito E Poder Em Nietzsche, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
A crítica impiedosa e fria de Nietzsche ao Direito moderno, aos direitos, à democracia e a vários esteios da nossa actual civilização ajudar-nos-à certamente a compreender melhor a situação de ataque mais subtil, politicamente correto e hipócrita que se vive já a essa "Weltanschauung", e poderá vir a agravar-se. Nietzsche fala claro, e profeticamente. Só que, felizmente, as profecias (ao menos as políticas: mas parece até que todas) podem ser contrariadas pelas vontade das pessoas. E os piores vaticínios poderão sê-lo se tivermos vontade de preservar a democracia, a liberdade, os direitos, e o Direito moderno, aprofundando-os e não deixando-os …
Constitutional Law: Cases, History, And Dialogues, 3rd Edition,
2011
University of Maryland Francis King Carey School of Law
Constitutional Law: Cases, History, And Dialogues, 3rd Edition, William Araiza, Phoebe Haddon, Dorothy Roberts
Phoebe A. Haddon
One of this book's distinguishing features is its series of Dialogues in which the authors debate issues relevant to the cases. In the Dialogues the authors engage both each other and the cases, and in doing so reveal their own and the Justices' methodological, ideological, and policy assumptions. Students benefit from having this information as they form their own opinions about the doctrine. The Dialogues also provide a starting point for more insightful class discussions, by presenting the material in the context of the authors' viewpoints.
First Amendment Law: Cases, Comparative Perspectives, And Dialogues,
2011
University of Maryland Francis King Carey School of Law
First Amendment Law: Cases, Comparative Perspectives, And Dialogues, Donald Lively, William Araiza, Phoebe Haddon, John Knechtle, Dorothy Roberts
Phoebe A. Haddon
No abstract provided.
A Constitutional Law Anthology, 2d Edition,
2011
University of Maryland Francis King Carey School of Law
A Constitutional Law Anthology, 2d Edition, Michael Glennon, Donald Lively, Phoebe Haddon, Dorothy Roberts, Russell Weaver
Phoebe A. Haddon
No abstract provided.
