Law Commons^™

Exceptionalism Unbound: Appraising American Resistance To Foreign Law, Mark C. Rahdert

Catholic University Law Review

In a statewide referendum, voters approved a change to the Oklahoma state constitution, adopting restrictions on state judges’ ability to use of foreign law. Dubbed the “Save Our State” (“SOS”) Amendment, the measure forbade Oklahoma state judges from considering or using international or foreign law, except where required to do so by federal statutes or treaties. The SOS Amendment particularly prohibited the use of Sharia law. Similar measures (usually without specific references to Sharia law) have been proposed or adopted elsewhere.

These Amendments, as well as other developments in American politics, reflect a vigorous new strain of a deep-seated tendency …

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Catholic University Journal of Law and Technology

No abstract provided.

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.

Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye

Catholic University Journal of Law and Technology

No abstract provided.

Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan

Catholic University Journal of Law and Technology

No abstract provided.

At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez

Catholic University Law Review

Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.

The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church & School …

Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras

Catholic University Law Review

A panel, at the National Lawyers Convention, discussed procedure as it relates to First Amendment rights. The panel set forth how First Amendment procedures have historically protected First Amendment substance and discussed modern applications of the issue. For example, the prior restraint doctrine, overbreadth doctrine, the allocation of the burden of proof and relaxation of ripeness rules have important implications for challenging restrictions on speech and defending against libel and defamation.

The interaction of free speech and due process is often seen in litigation involving civil harassment orders, or civil protection orders. In many jurisidictions the definition of harassment permits …

A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, Andrew D. Howell

Catholic University Law Review

The First Amendment has long been held to protect the right of citizens to gather information. In 1980, the Supreme Court articulated a two-pronged test in Richmond Newspapers v. Virginia, which examined both the “experience” and “logic” of granting public access to criminal trials. The jurisprudence of lower courts has since extended this qualified First Amendment presumptive right of access to civil trial and administrative hearings. This Comment examines the extension of this constitutional test to the governmental process at work at polling places. This Comment argues that the public, via the powerful vehicle of the press, ultimately meets …

Two Aspects Of Liberty, John H. Garvey

Scholarly Articles

Liberty in the constitutional sense is always a right against state interference (a “freedom from”). The First Amendment begins by saying that “Congress shall make no law”; it forbids Congress to license or fine or jail people for speaking, or publishing, or assembling. Liberty is also, always, a right to do something (a “freedom to”): to speak, to assemble, to practice religion, to get married, etc. So “freedom from” and “freedom to” are always parts of the same idea, just as “flying from” and “flying to” are aspects of the same airplane trip. Freedom is always the right to do …

Free Exercise By Moonlight, Marc O. Degirolami

Scholarly Articles

How is the current condition of religious free exercise, and religious accommodation in specific, best understood? What is the relationship of the two most important free exercise cases of the past half-century, Employment Division v. Smith and Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC? This essay explores four possible answers to these questions.

1. Smith and Hosanna-Tabor are the twin suns of religious accommodation under the Constitution. They are distinctively powerful approaches.

2. Hosanna-Tabor's approach to constitutional free exercise is now more powerful than Smith's. Smith has been eclipsed.

3. Hosanna-Tabor has shown itself to be feeble. It has …

Virtue, Freedom, And The First Amendment, Marc O. Degirolami

Scholarly Articles

The modern First Amendment embodies the idea of freedom as a fundamental good of con- temporary American society. The First Amendment protects and promotes everybody's freedom of thought, belief speech, and religious exercise as basic goods-as given ends of American political and moral life. It does not protect these freedoms for the sake of promoting any particular vision of the virtuous society. It is neutral on that score, setting limits only in those rare cases when the exercise of a First Amendment freedom exacts an intolerable social cost.

Something like this collection of views constitutes the conventional account of the …

Substantial Burdens Imply Central Beliefs, Marc O. Degirolami

Scholarly Articles

Religious accommodations are exemptions from compliance with the law. Before granting a religious accommodation, it would seem necessary to inquire about precisely how the law interferes with a claimant's system of religious belief and practice. And yet one of the most vexing issues in the law of religious accommodation concerns not merely the nature of a "substantial burden" on religious exercise, but even the propriety of any legal inquiry about religious burdens at all. Any assessment of the importance or centrality of a religious belief or practice within the claimant's belief system is strictly forbidden: "Repeatedly and in many different …