Digital Commons Network^™

The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

The Dormant Coordination Clause, Michael S. Greve

Vanderbilt Law Review En Banc

No abstract provided.

The Perils Of Doubt: Happiness, Epistemological Certainty, And Free Exercise Rights, Eric Apar

Valparaiso University Law Review

No abstract provided.

Religion Without God And The Future Of Free Exercise, R. George Wright

Cleveland State Law Review

In Religion Without God Ronald Dworkin offers a distinctive moral reading of, primarily, the Free Exercise Clause, rather than an historical or precedent-based reading of that clause. Professor Dworkin’s reading apparently seeks to expand the class of persons whose beliefs might fall within the potential coverage of the Free Exercise Clause. But Dworkin’s recommended class of covered persons is, we shall suggest, controversial in both its inclusions and exclusions. Dworkin’s criteria for the revised class of those covered by the Free Exercise Clause would likely be unstable, with significant further consequences for the substance of free exercise jurisprudence in general. …

Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle

Indiana Law Journal

In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …

Zombie Powers Of Attorney: The Uniform Anatomical Gift Act Of 2006 And The Durable (Undead) Power Of Attorney For Health Care, Sutton James Smith

University of Dayton Law Review

No abstract provided.

Book Review: Niza Yanay’S The Ideology Of Hatred: The Psychic Power Of Discourse, Damon T. Berry

Journal of Hate Studies

This work is important to those concerned with nationalist discourses of hatred and exclusion, as well as for those interested in thinking about how to heuristically define “hate” in a given project. But Yanay does not merely diagnose the nationalist symptom. She also attempts to theorize, especially in the final chapter, what she sees as “the possibility of transforming hatred to friendship”, the “raison d’être of this book”. [New York, NY: Fordham University Press, 2013. 168 pp. $22.00]

Jurisdictional Confusion That Rivals Erie: The Jurisdictional Limits Of Campus Police, Jamie P. Hopkins, Kristina Neff

Montana Law Review

Jurisdictional Confusion that Rivals Erie: The Jurisdictional Limits of Campus Police

She Saves Us From Monsters: The Navajo Creation Story And Modern Tribal Justice, Heidi J. Todacheene

Tribal Law Journal

The goal of this paper is to attempt to provide a general social and political framework of the Navajo tribe using the creation story and journey narrative. This will provide a comprehensive insight into the history and modern functioning of the tribe for someone who may not understand traditional Navajo thought. Modern legal cases have been integrated into this paper to demonstrate how Navajo courts use and preserve traditional concepts in current legal analysis. This paper will try to convey a traditional Navajo perspective whose ideology is deeply rooted in the creation story and illustrated through the Holy Beings, especially …

Vol. 45, No. 10 (November 11, 2013)

Indiana Law Annotated

No abstract provided.

The Santa Clara, 2013-11-07, Santa Clara University

The Santa Clara

No abstract provided.

The Santa Clara, 2013-10-03, Santa Clara University

The Santa Clara

No abstract provided.

Faculty Perspectives - Fall 2013, Iit Chicago-Kent College Of Law

Faculty Perspectives

This is the inaugural edition of Faculty Perspectives, a publication that highlights new faculty scholarship at IIT Chicago-Kent College of Law. This issue features four excerpts from recent or forthcoming faculty articles and books.

Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics, Corey A. Ciocchetti

Cardozo Public Law, Policy & Ethics Journal

Trick: "a crafty or underhanded device, maneuver, stratagem, or the like, intended to deceive or cheat." Tricks are designed to outwit others in a cunning and skillful manner. Despite well-written, philosophically sound codes of ethics and core values, businesses are not above employing tricky tactics to suit their pecuniary interests. These strategies often involve the legal system as the outwitted ask courts to vindicate their rights. However, the most successful tricks are skillfully crafted to survive legal scrutiny. This Article evaluates three tricky business tactics found lawful by the United States Supreme Court during its most recent term. The Article …

Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen

West Virginia Law Review

No abstract provided.

Tips For The Pracitioner Seeking To Return To The Academy, Kevin P. Conboy

Transactions: The Tennessee Journal of Business Law

Recently, I made the work status change from practicing corporate attorney (thirty years’ worth) to full-time law professor. This article offers a series of tips for practitioners considering such a transition based on my experiences, in the hope that the lessons I learned (some of them painfully) can ease your pain, or dissuade you from such foolishness. While my target audience is the “seasoned” practitioner (older, that is, not to put too fine a point on it), these tips should be useful or of interest to more junior practicing lawyers looking to make a move to teaching. And I hope …

May 16, 2013: Was Schempp Such A Triumph?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Was Schempp Such a Triumph?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Massacre In Central Burma: Muslim Students Terrorized And Killed In Meiktila, Richard Sollom, Holly G. Atkinson

Publications and Research

This report details the results of a Physicians for Human Rights (PHR) investigation into the March 20 and 21, 2013, attacks on Muslim students, teachers, and residents in the Mingalar Zayyone quarter of Meiktila, a small town in central Burma.

A two-person team, the authors of the report, from PHR conducted 33 interviews about the attacks, which resulted in the deaths of at least 20 children and four teachers. The report details the attacks by the Buddhist mobs, provides evidence that local police officers were complicit in the crimes, and lists policy recommendations for the Burmese government and the international …

The Santa Clara, 2013-04-04, Santa Clara University

The Santa Clara

No abstract provided.

The Constitution, The Roberts Court, And Business: The Significant Business Impact Of The 2011-2012 Supreme Court Term, Corey Ciocchetti

William & Mary Business Law Review

The 2011–2012 Supreme Court Term created quite the media buzz. The Affordable Care Act cases and the controversial Arizona immigration law dominated the headlines. But the Term also included other fascinating yet less sensationalized cases. The Court heard its fair share of criminal law controversies involving derelict defense attorneys and prosecutors, as well as civil procedure disputes involving qualified immunity for witnesses in grand jury proceedings and private parties assisting the government in litigation. The Justices also entertained arguments on a federal law allowing United States citizens born in Jerusalem to have “Israel” stamped as their birthplace on a passport. …

“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro

Brigham Young University Journal of Public Law

No abstract provided.

Science, Technology, And Catholic Identity In The Education Of Professionals, Keith Douglass Warner O.F.M., David S. Caudill

Faculty Publications

The reception of Ex corde ecclesiae has been uneven across the disciplines, with scant interest in distinctly Catholic pedagogies outside of the humanities. This essay argues that Catholic universities can distinguish themselves by how they present science and technology in their curriculum by drawing from the interdisciplinary field of “science, technology & society,” or STS. We argue that discussions about Catholic identity, science, and human values can and should extend into the curriculum while simultaneously safeguarding academic freedom, and that this can readily be done in professional schools, such as law and engineering. We outline the contributions that STS as …

The Santa Clara, 2013-02-07, Santa Clara University

The Santa Clara

No abstract provided.

Lack Of Transparency In The Premarket Approval Process For Aquadvantage Salmon, Michael P. Mcevilly

Duke Law & Technology Review

After a lengthy premarket approval process, the Food and Drug Administration (FDA) has just deemed AquAdvantage Salmon, a fast-growing, genetically engineered salmon, safe for human consumption. AquAdvantage Salmon is the first genetically engineered animal designed for human consumption to go to market in the United States. Because there have been no significant changes to the statutory or regulatory framework governing agricultural biotechnology since it was established in the 1980s, the FDA reviews applications of genetically engineered animals under the New Animal Drug Application (NADA) provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). The FDA’s treatment of genetically engineered …

No History, No Certainty, No Legitimacy . . . No Problem: Originalism And The Limits Of Legal Theory, Gary Lawson

Florida Law Review

Professor Martin H. Redish is on the warpath. Like General Sherman marching toward Atlanta (or Justin Tuck marching toward Tom Brady), Professor Redish, together with Matthew Arnould, lays waste to every constitutional theory that he encounters. Originalism, with its “belief that constitutional interpretation should be characterized exclusively by an effort to determine the Constitution’s meaning by means of some form of historical inquiry,” generates “an often contrived and opaque veil of historical inquiry” that provides “an ideal smokescreen behind which judges may pursue their personal[,] moral, political[,] or economic goals with relative impunity.” Nontextual theories, for their part, “permit[] selective …

Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Santa Clara Magazine, Volume 54 Number 3, Winter 2013, Santa Clara University

Santa Clara Magazine

16 - TO CATCH A THIEF by Vince Beiser. Mathematician George Mohler has helped equip police in Santa Cruz and L.A. with an algorithm that predicts where crimes might happen next. Is this the future of policing?

22 - HOW TO PREVENT A BONFIRE OF THE HUMANITIES by Michael S. Malone '75, MBA '77. A veteran chronicler of Silicon Valley looks at why the high-tech industry needs-and wants-folks who know how to tell a story.

26 - A POEM, A PRAYER, AND A MARTINI FOR THE RHINO Two conversations with Chancellor William J. Rewak, S.J.-who's just published his first collection …

Risk-Based Student Loans , Michael Simkovic

Washington and Lee Law Review

No abstract provided.

Preface, John Shuford

Journal of Hate Studies

This volume and Volume 12 focus primarily on presenting peerreviewed scholarly articles developed from the selected proceedings f the Third International Conference on Hate Studies. Themed “The Pursuit of Justice: Understanding Hatred, Confronting Intolerance, Eliminating Inequality,” the conference was co-organized and hosted by the Gonzaga Institute for Hate Studies, the Gonzaga School of Law, and the Washington State Task Force on Race and the Criminal Justice System. Presenters and attendees from two dozen countries worldwide came to Spokane, Washington for four days in April 2013 in order to concentrate on how fear and ignorance of the “other” manifest in hatred, …

You Have The Right To Remain Silent: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro

Scholarly Articles

The political and legal campaign for marriage equality rests on the proposition that the Constitution of the United States requires communal recognition of committed, same-sex relationships. The text, structure, and history of the amended Constitution, however, support precisely the opposite conclusion: i.e., that neither the United States nor any state may compel any community, association, or individual to affirm (by word, deed, or policy) the hotly disputed propositions about human sexuality that lie at the core of the debate. Nor can it plausibly be argued that any part of the Constitution requires any person, association, or polity to remain discreetly …