Digital Commons Network^™

Healthcare Access, Disability Rights, And Olmstead Advocacy, Elizabeth Weeks Leonard, Susan Jamieson, Talley Wells, Leslie Lipson, Ezra Young

Working in the Public Interest Conferences

An overview of the past, present, and future of healthcare access and disability rights law. Panelists will cover topics ranging from deinstitutionalization to the intersection of transgender rights, the Americans with Disabilities Act, and the Olmstead decision. This panel was organized in conjunction with the University of Georgia Institute on Human Development and Disability (IHDD). Moderated by Elizabeth Weeks.

Expanding Access Through Community Lawyering, Christine M. Scartz, Morgan Kauffman, Tirien Steinbach, Diane Park

Working in the Public Interest Conferences

Community lawyering can lead to expanded access to justice. Panelists who have successfully used community lawyering to get results will explain their work and demonstrate what determined, creative public interest lawyers can accomplish. Moderated by Christine Scartz.

Vulnerable Persons In Custody, Russell C. Gabriel, Jamie Roberts, Rachel Grossman, Leanne Purdum

Working in the Public Interest Conferences

Vulnerable persons face numerous issues when they enter custody. Panelists will cover prison, jail, and detention center issues with a focus on individuals who may be particularly vulnerable in these settings, including LGBTQ persons, undocumented persons, and those living in poverty. Moderated by Russell Gabriel.

Foreword To Laïcité In Comparative Perspective, Mark L. Movsesian

Journal of Catholic Legal Studies

No abstract provided.

Why The Religious Freedom Restoration Act Cannot Protect Sacred Sites, Timothy A. Wiseman

American Indian Law Journal

No abstract provided.

Faith In Black Power, Kerry Pimblott

Civil Rights

In 1969, nineteen-year-old Robert Hunt was found dead in the Cairo, Illinois, police station. The white authorities ruled the death a suicide, but many members of the African American community believed that Hunt had been murdered—a sentiment that sparked rebellions and protests across the city. Cairo suddenly emerged as an important battleground for black survival in America and became a focus for many civil rights groups, including the NAACP. The United Front, a black power organization founded and led by Reverend Charles Koen, also mobilized—thanks in large part to the support of local Christian congregations.

In this vital reassessment of …

The Object Of The Moral Act: Understanding St. Thomas Aquinas Through The Work Of Steven Long And Martin Rhonheimer, John Makdisi

Faculty Books

In the 1993 encyclical Veritatis Splendor Pope John Paul II stated that the “morality of the human act depends primarily and fundamentally on the ‘object’ rationally chosen by the deliberate will.” Since that time the interpretation of the moral object has garnered increased attention among Thomist scholars. Yet it remains a source of dispute. Two scholars who take rather opposed views on what Aquinas means by the moral object are Martin Rhonheimer and Steven Long. The purpose of this dissertation is to elucidate the account of Aquinas’s doctrine through a comparison of the interpretations of each of these scholars with …

University Of Nebraska At Omaha 2017-2018 Course Catalog, University Of Nebraska At Omaha

Graduate Catalogs

The University of Nebraska Omaha (UNO) is a premier metropolitan university that combines the resources of a doctoral research institution with a thriving community in the heart of Omaha.

With a global reach and vision, UNO is large enough to provide opportunities students seek, yet personal enough to include the mentorship they need to achieve academic excellence, creativity, and engaged learningat competitive tuition rates.

UNO is committed to and engaged with the city surrounding it, allowing students unique hands-on opportunities, internships, service learning,applied research, and other collaborative activities that enhance time in the classroom.

This is the ”O” we want …

"Three Hots And A Cot And A Lot Of Talk": Discussing Federal Rights-Based Avenues For Prisoner Access To Vegan Meals, David B. Rosengard

Animal Law Review

Vegan prisoners face obstacles in accessing meals congruent with their beliefs, but it may be possible to assert the right to vegan meals while incarcerated via a number of constitutional and statutory provisions. Focusing specifically on the federal le­gal landscape, this Article acts as a road map to those options. First, this Article discusses the scope of relevant religious free exercise jurisprudence-and its utility for prisoners who are vegan for religious reasons. Second, this Article explores the extent to which an equal protection approach may provide vegan prisoners with a viable route to securing appropriate meals. Third, this Article discusses …

Beyond Borders: Martin Luther King, Jr., Africa, And Pan Africanism, Jeremy I. Levitt

Journal Publications

This modest essay was a work of love in honor of Henry J. Richardson III, my dear brother, friend, mentor, and father in international law. Hank is universally recognized as the Dean of Black international law scholars and lawyers in the United States (U.S.), Africa, and beyond. He has single-handedly mentored three generations of international lawyers, influenced three generations of international legal scholarship, and established the Black International Tradition (BIT), which "stretches back to the very origins of our nation, preceding even the Constitution." His works on Dr. Martin Luther King Jr.'s (King) leadership, authority, and ministry as a global …

Front Matter

Michigan Law Review

No abstract provided.

Peyote And Ghouls In The Night: Justice Scalia's Religion Clause Minimalism, John D. Inazu

Scholarship@WashULaw

The late Justice Antonin Scalia held a minimalist view of the religion clauses: the Free Exercise Clause does not protect against neutral laws of general applicability, and the Establishment Clause prohibits neither longstanding traditional practices nor legislative acts with a plausible secular purpose. In both free exercise and establishment cases, Scalia resisted judicial second-guessing of legislative judgments unless he saw an explicit singling out of religious practice. Yet Scalia had an uneven influence on religion clause jurisprudence. When it came to the Free Exercise Clause, he played a pivotal role in shaping a doctrinal framework that has arguably created more …

As A Matter Of Fact, No: Appellate Jurisdiction To Review Denials Of Deferral Of Removal Under The Convention Against Torture, Sarah M. Vogt

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Islamic Law Perspective Of Precautionary Principle On Transboundary Movement Of Living Modified Organisms (Lmos), Sri Wartini

Jurnal Hukum & Pembangunan

The aim of the research is to examine the Islamic law perspective of precautionary principle on transboundary movement of living modified organisms (hereinafter LMOs) based on maslahah mursalah (public interest) and sadd al-dhara’i (blocking the means). The international trade of LMOs may affect the human health and environment in the importing states. Most of the importing states are Muslim states. Thus, it is important to examine the transboundary movement of LMOs from the Islamic law perspective. In order to elaborate on the issue, the reseach addresses the following questions: First, how is the relationship between man and nature (khalīfahand nature)? …

The Effect Of Zoning Ordinances On Churches; Examination Of Jurors As To Religious Prejudice

The Catholic Lawyer

No abstract provided.

Orphans, Baby Blaines, And The Brave New World Of State Funded Education: Why Nevada's New Voucher Program Should Be Upheld Under Both State And Federal Law, David Wilhelmsen

Journal of Legislation

No abstract provided.

Summary Report Of A Faculty Colloquium Held On The Encyclical Letter Laudato Si’ Of The Holy Father Francis On Care For Our Common Home, Mark C. Kiley

Journal of Vincentian Social Action

The Papal Encyclical, issued in summer of 2015, elicited the attention of ten faculty members in St. John’s College of Liberal Arts and Sciences. All but two of the participants were faculty members based primarily in Staten Island. What follows is a collection of highlights from the formal presentations.

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.

To Seek A Newer World: Prisoners’ Rights At The Frontier, David M. Shapiro

Michigan Law Review First Impressions

Prisoners’ rights lawyers have long faced a dismal legal landscape. Yet, 2015 was a remarkable year for prison litigation that could signal a new period for this area of law—the Supreme Court handed down decisions that will reverberate in prison jurisprudence for decades to come. New questions have been asked, new avenues opened. This piece is about what the Court has done recently, and what possibilities it has opened for the future. More broadly, I suggest that the Court may be subjecting prison officials to greater scrutiny and that this shifting judicial landscape reflects an evolving social discourse about prison …

Panel 2: Misdemeanor Offense Representation, David A. Singleton, Phyllis Mann, Gerry Weber, Alex Scherr

Working in the Public Interest Conferences

Panel on misdemeanor office representation moderated by Alex Scherr

Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich

Fordham Urban Law Journal

No abstract provided.

Brief Of Religious Liberty Scholars As Amici Curiae In Support Of Petitioners, Steven T. Collis, Michael Robertson, Adam A. Hubbard, Douglas Laycock, Gerard V. Bradley, Richard W. Garnett, Kristine J. Kalanges

Court Briefs

No. 15-862
Stormans, Inc. v. John Wiesman

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

This Court’s free-exercise jurisprudence is defined by two cases with facts at opposite ends of a continuum. The Court decided them a quarter century ago, and it has provided no further guidance despite a growing circuit split. Lower courts that carefully examined this Court’s opinions found a clear rule that governments must treat religious conduct as well as they treat analogous secular conduct—or face strict scrutiny. But that rule has …

The Ph.D. Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin Mccrary, Joy Milligan, James Phillips

Journal of Legal Education

No abstract provided.

The Rise Of Corporate Religious Liberty: Introduction, Micah Schwartzman, Chad Flanders, Zoe Robinson

All Faculty Scholarship

This Introduction to our edited book, The Rise of Corporate Religious Liberty (Oxford University Press, 2016), offers an account of the “corporate turn” in law and religion. Here the term “corporate” refers to any organized body of people - groups, associations, organizations, and institutions - and, more specifically, to for-profit corporations. Our contention is that the relationship between law and religion has shifted dramatically in the last decade, moving from a conception of religious freedom focused mainly on individual liberty toward one that privileges the rights of religious organizations. We trace this development in two stages, describing the initial movement …

Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Accommodating "Religion", Aaron R. Petty

Tennessee Law Review

No abstract provided.

How Can The Government Sustain People's Privacy Interests As The Real Estate Industry Adopts And Applies A Fully Electronic System? 32 J. Marshall J. Info. Tech. & Privacy L. 321 (2016), Drago Putica

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Bodies And Contexts: An Investigation Into A Postmodern Feminist Reading Of Averroës, Reed Taylor

Journal of Feminist Scholarship

In this article, I contribute to the wider discourse of theorizing feminism in predominantly Muslim societies by analyzing the role of women’s political agency within the writings of the twelfth-century Islamic philosopher Averroës (Ibn Rushd, 1126–1198). I critically analyze Catarina Belo’s (2009) liberal feminist approach to political agency in Averroës by adopting a postmodern reading of Averroës’s commentary on Plato’s Republic. A postmodern feminist reading of Averroes’s political thought emphasizes contingencies and contextualization rather than employing a literal reading of the historical works.

Joseph Smith And The Doctrine Of Sealing, Anthony K. Thompson

Law Papers and Journal Articles

Brian Hales has observed that we cannot understand Joseph Smith’s marriage practices in Nauvoo without understanding the related theology. However, he implies that we are hampered in coming to a complete understanding of that theology because the only primary evidence we have of that theology is the revelation now recorded as Section 132 of the Doctrine and Covenants and a few entries in William Clayton’s journal. This paper argues that we have more primary evidence about Joseph Smith’s sealing theology than we realize. The accounts we have of the First Vision and of Moroni’s first visits in 1823 have references …

The Ph.D. Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin Mccrary, Joy Milligan, James Cleith Phillips

Faculty Scholarship

At a time when some perceive law schools to be in crisis and the future of legal education is being debated, the structural shift toward law professors with Ph.Ds is an important, under-examined trend. In this article, we use an original dataset to analyze law school Ph.D hiring trends and consider their potential consequences. Over the last fifty years the proportion of law professors with Ph.Ds has risen dramatically. Over a third of new professors hired at elite law schools in recent years come with doctoral degrees in fields outside the law. We use our data to consider the scope, …