Digital Commons Network^™

The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

How Shall I Praise Thee? Brian Leiter On Respect For Religion, Andrew Koppelman

San Diego Law Review

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment and religion is not an apt candidate for respect in the "thick" sense of being an object of favorable appraisal. Special treatment would be appropriate only if there were some "moral reason why states should carve out special protections that encourage individuals to structure their lives around categorical demands that are insulated from the standards of evidence and reasoning we everywhere else expect to constitute constraints on judgment and action." Favorable appraisal would be called for "[o]nly if …

Santa Clara Magazine, Volume 52 Number 2, Fall 2010, Santa Clara University

Santa Clara Magazine

16 - JUSTICE, EDUCATION, AND THE CATHOLIC IMAGINATION By Keith Warner, O.F.M. A religious vision of a sustainable future is less about politics than ethics. It means drawing on deep spiritual currents in the Catholic tradition-and environmental concern as if people mattered.

22 - WRITING THE ISLAND An essay in the words and images by John Seibert Farnsworth and Charles Barry. A journey to the Sea of Cortez-to paddle and dive, to hear the island speak, to look carefully, to write, to come home sunburned and transformed.

30 - INTERNET, WE HAVE A PROBLEM. By Sam Scott '96. One fine …

A Sense Of Disentitlement: Frame-Shifting And Metaphor In Ashcroft V. Iqbal, Lisa A. Eichhorn

Faculty Publications

No abstract provided.

Politics Of The Headscarf In Turkey: Masculinities, Feminism, And The Construction Of Collective Identities, Valorie K. Vojdik

Scholarly Works

No abstract provided.

An Analysis Of First Amendment Jurisprudence On The Supreme Court Case Of Locke V. Davey, Alexander John Herzog

UNLV Theses, Dissertations, Professional Papers, and Capstones

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of Locke v. Davey 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution.

This study is a historical case study analyzing the Supreme Court jurisprudence regarding legal issues concerning the issuance of state funded scholarships for the purpose of religious studies. A complete legal study was conducted that included a review of all relevant court cases, court filings, legal journals and legal briefs.

A micro legal …

Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod

All Faculty Scholarship

My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional torts. In Part II, I address the relevance of that concern for supervisory liability, set out what the Court said about supervisory liability in Iqbal and very briefly summarize the pre-Iqbal circuit consensus on supervisory liability. In Part III, I delve more deeply into the nature of supervisory liability and conclude that the …

In The Global Village, Can War Survive?, Susan G. Hackley

Marquette Law Review

William L. Ury once asked: "What if fighting, violence, and war were preventable—and we simply didn’t know it? What if we didn’t know it because we had never fully tried to prevent them? What if we had never really tried because we had never really believed prevention to be possible?"

Most people understandably steer clear of violent conflict, only reading about it in their morning newspaper or online, or watching it on the evening news from the safety of their homes. Others, however, choose work that takes them directly into harm’s way. Soldiers, of course, are in a profession that …

Justice Souter On Government Speech, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

How Shall I Praise Thee? Brian Leiter On Respect For Religion, Andrew Koppelman

Faculty Working Papers

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the "thick" sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter's analysis.

No Respect: Brian Leiter On Religion, Andrew Koppelman

Faculty Working Papers

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the "thick" sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter's analysis.

Santa Clara Magazine, Volume 51 Number 4, Spring 2010, Santa Clara University

Santa Clara Magazine

14 - BENDING LIGHT By Steven Boyd Saum. They wanted to show that green living is not a compromise. So, for the international Solar Decathlon, the SCU-led Team California built a house of light and wonder. And it was dazzling enough to win No. 3 on the planet.

22 - CONNECT THE DOTS By Scott Brown '93. From border security to disaster preparedness, Secretary of Homeland Security Janet Napolitano '79 has one immense portfolio. She's also the point person on immigration. How to put those together?

28 - THIS PLACE WE CALL HOME By Kristina Chiapella '09 '09. Generations ago, …

Complaints Must Plead Non-Conclusory Facts That Manifest Plausibility To Survive A Motion To Dismiss In All Civil Cases: Ashcroft V. Iqbal, Carly R. Wilson

Duquesne Law Review

The United States Supreme Court held that to survive a motion to dismiss, Bell Atlantic Corp. v. Twombly mandates that complaints in all civil matters must plead enough factual matter that, if accepted as true, plausibly entitles the plaintiff to relief.

Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009).

List Of Conference Speakers, List Of Speakers

Canada-United States Law Journal

No abstract provided.

Introduction, John Shuford

Journal of Hate Studies

T

he Institute for Hate Studies at Gonzaga University is pleased to offer Volume 8 of the Journal of Hate Studies, the theme of which is “The Other Among Us.” It is a timely topic, no doubt, as nativism, racism, and extrem- ism boil over in America’s immigration debate. This volume considers those issues as well as a wider range of perspectives on engagement and disengagement with “the other” in our society, culture, and lives.

Imbedded in this volume’s theme are myriad questions. Who is the “other” among us, and what does it mean to be an “other” or to …

Constitutional Protections: State V. Individual Interests – Which Should Prevail? Symposium Report, Jennifer Ponder, Abre’ Conner

American University Criminal Law Brief

No abstract provided.

Teaching Diversity Skills In Law School, Vernellia R. Randall

Saint Louis University Law Journal

No abstract provided.

Dr. Cézanne And The Art Of Re(Peat)Search: Competing Interests And Obligations In Clinical Research, Robyn Bluhm, Jocelyn Downie, Jeff Nisker

Articles, Book Chapters, & Popular Press

Clinician researchers have a number of roles, each of which carries specific obligations. There are times when these obligations may be in competition (up to and including conflict) with each other. Using a narrative case study that describes a group of colleagues discussing their clinical department's participation in an industry-sponsored research protocol, we illustrate a number of the obligations faced by clinician researchers, and discuss how competing interests and obligations can lead to ethical problems. The case study is followed by a discussion of the effect of university–industry relations on competing interests and obligations in both clinical research and the …

Club Goods And Group Identity: Evidence From Islamic Resurgence During The Indonesian Financial Crisis, Daniel L. Chen

Faculty Scholarship

This paper tests a model in which group identity in the form of religious intensity functions as ex post insurance. I exploit relative price shocks induced by the Indonesian financial crisis to demonstrate a causal relationship between economic distress and religious intensity (Koran study and Islamic school attendance) that is weaker for other forms of group identity. Consistent with ex post insurance, credit availability reduces the effect of economic distress on religious intensity, religious intensity alleviates credit constraints, and religious institutions smooth consumption shocks across households and within households, particularly for those who were less religious before the crisis.

Laïcité In Comparative Perspective (Conference): Foreword, Mark L. Movsesian

Faculty Publications

On June 11, 2010, the Center for Law and Religion at St. John's University School of Law held its inaugural event, an academic conference at the University's Paris campus. "Laïcité in Comparative Perspective" brought together scholars from the United States and Europe to explore the French concept of laïcité and compare it with models of church-state relations in other countries, particularly the United States. Participants included Douglas Laycock (University of Virginia), who offered the Conference Introduction; Nathalie Caron (Université Paris-Est Créteil); Blandine Chelini-Pont (Université Paul Cézanne Aix-Marseille); Nina Crimm (St. John's University); Marc DeGirolami (St. John's University); Javier Martínez-Torrón Universidad …

Speech Platforms Law Review Symposium 2010: Government Speech: The Government's Ability To Compel And Restrict Speech, Abner S. Greene

Faculty Scholarship

The state plays different roles, and free speech doctrine should (and sometimes does) respect these roles. We properly insist (with some categorical exceptions) that the state not regulate private speech based on subject matter or point of view. If private speakers want to praise the Nazis or condemn homosexuality, the state has no place stopping them, even if firmly convinced these ideas are wrong. Why we have such firm protection for speech we abhor is a matter of much debate. To some extent, it's because we don't trust the state to make content-based judgments consistently as a matter of principle; …

Political Repression And Islam In Iran, Amy Kirk

Human Rights & Human Welfare

Signs with the slogan, ‘I am Neda’, flooded the streets of Tehran in the violent aftermath of the 2009 presidential elections and assassination of Neda Agha-Soltan. The internationally publicized video of Neda’s death became an iconic rallying point for the reformist opposition in Iran. Stringent clampdowns since the 1979 revolution have signified a sociopolitical change that has endured for three decades. President Khatami’s reform efforts of the late 1990s were stifled by Ahmadinejad’s election of 2005. Since Ahmadinejad’s appointment there has been little official tolerance for political and fundamental Islamic dissent, leading to serious human rights violations against the reformist …

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin

Scholarly Works

No abstract provided.

2009 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Michael Schwartz Ph.D.

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Michael Schwartz was the honored guest.

October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Debate Over the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Law & Health Care Newsletter, V. 17, No. 1, Fall 2009

Law & Health Care Newsletter

No abstract provided.

Santa Clara Magazine, Volume 51 Number 2, Fall 2009, Santa Clara University

Santa Clara Magazine

16 - POLITICS AND RELIGION: STILL ON A COLLISION COURSE? An interview with Avraham Burg, former speaker of the Israeli Knesset. Plus excerpts from talks by E.J. Dionne Jr., Lisa Sowle Cahill '70, and Michael Eric Dyson.

20 - THE GULF OF WONDER By Emily Elrod '05. With a movie, Patrick McVeigh '78 offers investors a unique opportunity: Wake up the citizens of America and help them save one of the Seven Natural Wonders of the World. Plus, a 30 percent return.

24 - SEASON PREMIERE: "RESURRECTION" By Karen Crocker Snell. Forensic investigator Horatio Caine lies facedown in a pool …

Should The Courts Save Taxpayer Standing? - Interpreting Hein V. Freedom From Religion Foundation Narrowly Through The Lens Of Judicial-Branch Spending, Akiva Shapiro

The Journal of Appellate Practice and Process

No abstract provided.

Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Sacrifice And Sovereignty, Mateo Taussig-Rubbo

Contributions to Books

Published as Chapter 4 in States of Violence: War, Capital Punishment, and Letting Die, Austin Sarat & Jennifer L. Cuthbert, eds.

This Chapter examines a complement to the concept of the state’s monopoly of legitimate violence, what I call a ‘monopoly of sacrifice.’ It describes some of the difficulties the United States government has confronted in authoritatively designating which and whose losses and deaths in the name of the nation are considered transcendent or sacred. Through detailed case studies, it describes a state that uses legal form and policy to construe certain deaths as sacrificial, and others as banal, and …