Law Commons^™

December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Repeal of Don’t Ask Don’t Tell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism and the Tea Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 8, 2010: Uphold Proposition 8, Bruce Ledewitz

Hallowed Secularism

Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 25, 2010: Why Are The Democrats Doing So Badly?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Are the Democrats Doing So Badly?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 11, 2010: What Did Rick Santorum Mean?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Did Rick Santorum Mean?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 17, 2010: Do Christian Groups Have The Right To Hire Only Christians?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Do Christian Groups Have the Right to Hire Only Christians?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 3, 2010: American Religious Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “American Religious Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 14, 2010: Why Am I Being Told That Elena Kagan’S Sexual Orientation Is Irrelevant?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Am I Being Told That Elena Kagan’s Sexual Orientation is Irrelevant?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

They Did Authorize Torture, But..., David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

April 1, 2010: I’M Not Understanding Candace Chellew-Hodge, Bruce Ledewitz

Hallowed Secularism

Blog post, “I’m not understanding Candace Chellew-Hodge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 16, 2010: The Dems Had Better Pass Healthcare Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Dems Had Better Pass Healthcare Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 12, 2010: “In God We Trust” Upheld By The Ninth Circuit, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “In God We Trust” Upheld by the Ninth Circuit“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Sexual Offender Registration And Notification Act: No More Than "Statutory ‘Lip Service’ To Interstate Commerce", Lindsey B. Fetzer

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

February 27, 2010: One More Time With Yoo, Bruce Ledewitz

Hallowed Secularism

Blog post, “One more time with Yoo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 25, 2010: John Yoo And Nuremberg, Bruce Ledewitz

Hallowed Secularism

Blog post, “John Yoo and Nuremberg“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 11, 2010: Economic Life Under Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Economic Life Under Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 7, 2010: The Crime Of John Yoo, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Crime of John Yoo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 23, 2010: Thoughts On Citizens United, The Supreme Court Corporate Speech Case, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thoughts on Citizens United, the Supreme Court Corporate Speech Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Jaunary 21, 2010: What’S Religion Got To Do With It?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What’s religion got to do with it?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 19, 2010: Dances With Wolves Meets The Matrix, Bruce Ledewitz

Hallowed Secularism

Blog post, “Dances with Wolves Meets The Matrix“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 12, 2010: The European Court Of Human Rights, Bruce Ledewitz

Hallowed Secularism

Blog post, “The European Court of Human Rights“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 8, 2010: The 2010 Annual Conference On Christian Legal Thought, Bruce Ledewitz

Hallowed Secularism

Blog post, “The 2010 Annual Conference on Christian Legal Thought“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enríquez

Paul Enriquez

This Article builds upon Philip C. Jessup’s revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-à-vis international law. This theory, called metanationalism, rejects Harold Koh’s theory of transnationalism and demonstrates that …

One New President, One New Patriarch, And A Generous Disregard For The Constitution:, Robert C. Blitt

Vanderbilt Journal of Transnational Law

The government of Russia and the Russian Orthodox Church (ROC)--the country's predominant religious group--recently underwent back-to-back changes in each institution's respective leadership. This coincidence of timing affords a unique opportunity to reassess the status of constitutional secularism and church-state relations in the Russian Federation. Following a discussion of the presidential and patriarchal elections that occurred between March 2008 and January 2009, the Article surveys recent developments in Russia as they relate to the nation's constitutional obligations. In the face of this analysis, the Article argues that the government and the ROC alike continue to willfully undermine the constitutional principles of …

A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer

Articles

In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …

The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley

Faculty Scholarship

The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …

Treaties As Law And The Rule Of Law: The Judicial Power To Compel Domestic Treaty Implementation, William M. Carter Jr.

Articles

The Supremacy Clause makes the Constitution, federal statutes, and ratified treaties part of the "supreme law of the land." Despite the textual and historical clarity of the Supremacy Clause, some courts and commentators have suggested that the "non-self-executing treaty doctrine" means that ratified treaties must await implementing legislation before they become domestic law. The non-self-executing treaty doctrine has in particular been used as a shield to claims under international human rights treaties.

This Article does not seek to provide another critique of the non-self-executing treaty doctrine in the abstract. Rather, I suggest that a determination that a treaty is non-self-executing …

Embedded International Law And The Constitution Abroad, Sarah H. Cleveland

Faculty Scholarship

This Essay explores the role of "embedded" international law in U.S. constitutional interpretation, in the context of extraterritorial application of the Constitution. Traditional U.S. understandings of the Constitution's application abroad were informed by nineteenth-century international law principles of jurisdiction, which largely limited the authority of a sovereign state to its geographic territory. Both international law and constitutional law since have developed significantly away from strictly territorial understandings of governmental authority, however. Modern international law principles of jurisdiction and state responsibility now recognize that states legitimately may exercise power in a number of extraterritorial contexts, and that legal obligations may apply …