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Introduction, Mark Modak-Truran

MC Law Review

Symposium on Religion, Religious Pluralism, and the Rule of Law: Introduction

Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod

University of Richmond Law Review

I propose to discuss Garcetti's First Amendment reasoning as well as the implications of the § 1983' setting in which Garcetti and other public employee free speech cases typically arise. After briefly setting out the Court's opinion and the three dissenting opinions, I begin by addressing the pros and cons of Garcetti, and in the course of so doing, I discuss the prior Pickering-Connick landscape that Garcetti so significantly altered. I consider the deeper First Amendment implications of Garcetti, including itsuse of categorical balancing to create an absolute immunity fromFirst Amendment liability for employer discipline based on job-required public employee …

Ayse Betul Celik On The Age Of Apology: Facing Up To The Past Edited By Mark Gibney, Rhoda E. Howard-Hassmann, Jean-Marc Coicaud, And Niklaus Steiner. Philadelphia: University Of Pennsylvania Press, 2008. 333 Pages., Ayse Betul Celik

Human Rights & Human Welfare

A review of:

The Age of Apology: Facing Up to the Past edited by Mark Gibney, Rhoda E. Howard-Hassmann, Jean-Marc Coicaud, and Niklaus Steiner. Philadelphia: University of Pennsylvania Press, 2008. 333 pages.

Agbar V. Idf Commander In Judaea And Samaria, Elyakim Rubinstein, Edmond E. Levy, Yoram Danziger

Translated Opinions

Facts: In 2007, an administrative detention order was made against the petitioner in HCJ 9441/07 on the ground that he was active in the Hamas organization and presented a threat to security in the territories. The order was made for six months and was subsequently renewed for an additional period of six months.

In 2006, an administrative detention order was made against the petitioner in HCJ 9454/07 on the ground that he was active in the Popular Front terrorist organization and presented a threat to security in the territories. The order was made for six months and was subsequently renewed …

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

No abstract provided.

Santa Clara Magazine, Volume 49 Number 2, Fall 2007, Santa Clara University

Santa Clara Magazine

14 - A DAY IN THE LIFE OF THE PRESIDENT By Ron Hansen. Set your alarm clock early-then get up and follow Paul Locatelli, S.J., through a day of leading the University and serving as pastor, professor, mayor, and CEO.

22 - BUILT BY IMMIGRANTS By Gerald McKevitt, S.J. How Italian Jesuits helped shape the American West, from religious devotions to curriculum to pasta.

28 - YOU ARE HERE By Sarah Stanek. SCU students and faculty collaborate on a groundbreaking project documenting early life at Mission Santa Clara-and the result is a book that's the first of its kind for …

Universities And Other Institutions Of Higher Learning - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green

West Virginia Law Review

No abstract provided.

The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle

West Virginia Law Review

No abstract provided.

Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre

Washington and Lee Law Review

While polygamy is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or morality of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light …

Santa Clara Magazine, Volume 49 Number 1, Summer 2007, Santa Clara University

Santa Clara Magazine

8 - A CENTURY OF BRONCO BASKETBALL, By Jed Mettee and Steven Boyd Saum. Celebrating the first hundred seasons.

12 - A FAMILY SHOW By Steven Boyd Saum. Meet new men's basketball coach Kerry Keating.

14 - A SPACE THAT TALKS TO NATURE By Miriam Schulman. A team of SCU students aim to win the Department of Energy's Solar Decathlon. And save the planet.

19 - EPITAPH FOR THE JOURNEY A poem by Paul Mariani.

22 - THE BUZZ ABOUT SUSTAINABILITY By John Farnsworth. When we talk about "sustainability," what are we really talking about?

26 - THE GREEN TAX …

Some Notes On The Buddha As A Law Giver, Vesna Wallace

Buffalo Law Review

No abstract provided.

Question And Answer Period Of Symposium Participants

Mercer Law Review

No abstract provided.

Santa Clara Magazine, Volume 48 Number 4, Spring 2007, Santa Clara University

Santa Clara Magazine

8 - ARCHAEOLOGISTS OF THE CARIBBEAN By Monte Lorenzet. Eye patch and peg leg-we all know what makes a pirate. Or do we? Only recently have scientists taken a serious look at the archeology of piracy, with SCU's Russ Skowronek one of the hearties unearthing facts buried beneath centuries of myth.

12 - ARE PEOPLE GETTING CRAZIER? By Thomas G. Plante. From what the media offers every day, you can't help but think the world is going to hell in a handbasket. What's really going on? And what can we do about it?

21 - A TEACHABLE MOMENT Q&A with …

Santa Clara Magazine, Volume 49 Number 3, Winter 2007, Santa Clara University

Santa Clara Magazine

14 - TOUGH CALL By Jim Shepard. Mike Carey '71 reveals what it takes to earn your stripes as a head ref in the NFL.

16 - REDEFINING NATURE By Steven Boyd Saum. Is it the end of wilderness as we know it? And could genetically modified crops be better for the environment? Read what SCU scientists are saying.

18 - THE PERSON IN FRONT OF YOU A transglobal photo essay by David Pace.

24 - PANETTA ON IRAQ By Farid Senzai. A Q&A with Leon Panetta '60, J.D. '63, member of the Iraq Study Group and chief of staff …

Editorial:State V. Defendant V. Victim: The Potential Problem When Victimsenter An Appearance In Criminal Cases, Kendra Mullin

American University Criminal Law Brief

No abstract provided.

Enforcement Of Foreign Cultural Patrimony Laws In U.S. Courts: Lessons For Museums From The Getty Trial And Cultural Partnership Agreements Of 2006, Carrie Betts

South Carolina Journal of International Law and Business

No abstract provided.

A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett Jr.

Articles

No abstract provided.

Trial Of The Rosenbergs: An Account, Douglas O. Linder

Faculty Works

The Rosenberg Trial is the sum of many stories: a story of betrayal, a love story, a spy story, a story of a family torn apart, and a story of government overreaching. As is the case with many famous trials, it is also the story of a particular time: the early 1950's with its cold war tensions and headlines dominated by Senator Joseph McCarthy and his demagogic tactics. The Manhattan Project was the name given to the top-secret effort of Allied scientists to develop an atomic bomb. One of the Manhattan Project scientists working in Los Alamos was a British …

Reflections In Honor Of Bob Lawry, William E. Deal

Case Western Reserve Law Review

No abstract provided.

Symposium Introduction, Mark C. Modak-Truran

Journal Articles

The articles and essays in this Symposium should greatly aid disclosing key presuppositions of religionists and secularists by thinking about the law (rather than through the law) and by employing other disciplinary perspectives and methods to provide a more sophisticated understanding of law and religion. I will provide a brief summary of each article and essay and indicate the methods or disciplinary perspectives employed by them in their analysis.

The Establishment Clause And Religious Expression In Governmental Settings: Four Variables In Search Of A Standard, Daniel O. Conkle

Articles by Maurer Faculty

In his controversial but controlling opinion in Van Orden v. Perry, Justice Breyer rejected an Establishment Clause challenge to a Ten Commandments monument on the grounds of the Texas State Capital. Breyer argued that existing Establishment Clause formulations, including the Lemon and endorsement tests, were inadequate to resolve the case, so he relied instead on legal judgment, an approach informed by doctrinal and policy considerations but not controlled by any formal test. In this Essay, I suggest that Justice Breyer may have been right in Van Orden-if not in his result, then at least in approaching the question as he …

A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett

Fordham Urban Law Journal

This Article examines judicial impartiality in the context of the state courts. Section I endeavors to show how impartial state courts are essential to fulfilling the constitutional guarantees of a republican form of government and of due process and equal protection of the law. Section II describes the current assault upon the impartiality of state courts, and Section III suggests several ways in which this cancer on the republic can be slowed or reversed—by specific actions within, or related to, the judicial selection process.

Review Essay: Religion And Politics 2004-2007, Leslie C. Griffin

Scholarly Works

No abstract provided.

Service Before Self - Evangelicals Flying High At The U.S. Air Force Academy, Heather Cook

The Journal of Law and Education

No abstract provided.

Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Proving Lost Profits Under Daubert: Five Questions Every Court Should Ask Before Admitting Expert Testimony, Robert M. Lloyd

University of Richmond Law Review

No abstract provided.

Hate Studies Through A Constructivist And Critical Pedagogical Approach, James M. Mohr

Journal of Hate Studies

Most of us are probably familiar with the child’s lament made during dinner: “I hate vegetables.” If you are a teacher, you may have heard students announce with conviction, “I hate homework.” It seems that everyone hates someone, something, or some action; so what value is there in a field of hate studies? Hate, when discussed as a strong feeling toward something one dislikes, appears simply as an emotion that does not deserve the special recognition of having an entire field committed to its research. However, this narrow focus on this one aspect of hate leaves ignored them very real …

God Behind Bars: Race, Religion & Revenge, Spear It

Seton Hall Law Review

No abstract provided.

Three Theories Of Substantive Due Process, Daniel O. Conkle

North Carolina Law Review

No abstract provided.