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Articles 1 - 14 of 14
Full-Text Articles in Law
Defending Bridgegate, George D. Brown
Defending Bridgegate, George D. Brown
Washington and Lee Law Review Online
The Supreme Court’s decision in the “Bridgegate” controversy has been the subject of intense debate. It has received strong support. However, some critics assail the decision as representative of a pattern of recent cases in which the Court has shown itself as indifferent to political corruption, if not supportive of it. Somewhat lost in the discussion is the decision’s potential to be the foundation for a seismic re-alignment of anti-corruption enforcement in the United States. The current model—with federal prosecution as the norm—is not cast in stone.
Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes
Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes
Washington and Lee Law Review Online
This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if citizens comply …
The Post-Truth First Amendment, Sarah C. Haan
The Post-Truth First Amendment, Sarah C. Haan
Scholarly Articles
Post-truthism is widely understood as a political problem. In this Article, I argue that post-truthism also presents a constitutional law problem—not a hypothetical concern, but a current influence on First Amendment law. Post-truthism, which teaches that evidence-based reasoning lacks value, offers a normative framework for regulating information. Although post-truthism has become a popular culture trope, I argue that we should take it seriously as a theory of decision making and information use, and as a basis for law.
This Article uses the example of compelled speech to explore how post-truth rhetoric and values are being integrated into law. When the …
Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones
Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones
Washington and Lee Law Review
No abstract provided.
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Washington and Lee Law Review
No abstract provided.
Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander
Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander
Washington and Lee Law Review
No abstract provided.
The Politics Of Medicare Reform, Jonathan Oberlander
The Politics Of Medicare Reform, Jonathan Oberlander
Washington and Lee Law Review
No abstract provided.
Religious Freedom And Civic Responsibility, Amy Gutmann
Religious Freedom And Civic Responsibility, Amy Gutmann
Washington and Lee Law Review
No abstract provided.
Judge Wisdom And The 1952 Republican National Convention: Ensuring Victory For Eisenhower And A Two-Party System For Louisiana, Joel William Friedman
Judge Wisdom And The 1952 Republican National Convention: Ensuring Victory For Eisenhower And A Two-Party System For Louisiana, Joel William Friedman
Washington and Lee Law Review
No abstract provided.
Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro
Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro
Washington and Lee Law Review
No abstract provided.
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Washington and Lee Law Review
No abstract provided.
Enjoining Political Protest Strikes
Enjoining Political Protest Strikes
Washington and Lee Law Review
No abstract provided.
On Politics, Democracy, And The First Amendment: A Comment On First National Bank V. Bellotti, Arthur S. Miller
On Politics, Democracy, And The First Amendment: A Comment On First National Bank V. Bellotti, Arthur S. Miller
Washington and Lee Law Review
No abstract provided.
Adams V. Askew: The Right To Vote And The Right To Be A Candidate-Analogous Or Incongruous Rights?
Adams V. Askew: The Right To Vote And The Right To Be A Candidate-Analogous Or Incongruous Rights?
Washington and Lee Law Review
No abstract provided.