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Articles 1 - 30 of 169
Full-Text Articles in Law
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 …
Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett
Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett
Washington and Lee Law Review Online
In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that Christianity’s political influence has been unhelpful or harmful. I also seek to show that statements like “religion has no place in politics” are best understood as expressions of arbitrary bias.
The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes
The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes
Washington and Lee Law Review Online
Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that …
America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin
America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin
Washington and Lee Law Review Online
Political and philosophical theorists have often advocated for the exclusion of some or all religious perspectives from full participation in politics. Such approaches create criteria—such as public accessibility, public reason, or secular rationale—to legitimate such exclusion. During the 1990s I argued, as an evangelical Christian, against such exclusionary theories, defending the rights to full and equal political participation by evangelical Christians, traditionalist Roman Catholics, and any others who would be restricted by such criteria.
Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun
Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun
Washington and Lee Law Review Online
This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed ever since the Founding. Part IV, emphasizing the Reverend Martin Luther King, Jr., argues that no other reasons justify barring faith-based arguments from the public square.
The Constitutional Nature Of The United States Tax Court, Brant J. Hellwig
The Constitutional Nature Of The United States Tax Court, Brant J. Hellwig
Scholarly Articles
Is the United States Tax Court part of the Executive Branch of government? One would expect that question would be capable of being definitively answered without considerable difficulty. And as recently expressed by the Court of Appeals for the District of Columbia Circuit, that indeed is the case. In the course of addressing a challenge to the President's ability to remove a judge of the Tax Court for cause on separation of powers grounds, the D.C. Circuit rejected the premise that the removal power implicates two branches of government: "the Tax Court exercises Executive authority as part of the Executive …
Same-Sex Marriage And Loving V. Virginia: Analogy Or Disanalogy?, Ronald Turner
Same-Sex Marriage And Loving V. Virginia: Analogy Or Disanalogy?, Ronald Turner
Washington and Lee Law Review Online
In its 1967 decision in Loving v. Virginia, the United States Supreme Court struck down Virginia antimiscegenation laws prohibiting and criminalizing interracial marriages, holding that the challenged laws violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. In recent federal appeals court decisions, Loving has been invoked as an authoritative analogy supporting plaintiffs’ claims that same-sex marriage bans violate the Constitution. This Essay considers the posited Loving analogy and the contentions (1) that different-race marriage and same-sex marriage prohibitions present similar, albeit not identical, instances of unconstitutional state limitations on an …
Administrative Federalism As Separation Of Powers, David S. Rubenstein
Administrative Federalism As Separation Of Powers, David S. Rubenstein
Washington and Lee Law Review
Federal agencies are key players in our federalist system: they make front-line decisions about the scope of federal policy and whether such policy should preempt state law. How agencies perform these functions, and how they might fulfill them better, are questions at the heart of “administrative federalism.” Some academic proposals for administrative federalism work to enhance states’ ability to participate in federal agency decisionmaking. Other proposals work to protect state autonomy through adjustments to the Supreme Court’s administrative preemption doctrine. As jurists and scholars debate what these proposals entail for federalism, this Article doubles-down with a twist: it examines what …
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …
The New Facially Neutral “Anti-Shariah” Bills: A Constitutional Analysis, Amara S. Chaudhry-Kravitz
The New Facially Neutral “Anti-Shariah” Bills: A Constitutional Analysis, Amara S. Chaudhry-Kravitz
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock
Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock
Scholarly Articles
Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …
Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun
Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun
Scholarly Articles
Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues. Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account, the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.
California V. Greenwood, Lewis F. Powell Jr.
California V. Greenwood, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Honig V. Doe, Lewis F. Powell Jr.
United States V. Johnson, Lewis F. Powell Jr.
United States V. Johnson, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Colorado V. Bertine, Lewis F. Powell Jr.
Colorado V. Bertine, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Illinois V. Krull, Lewis F. Powell Jr.
Arizona V. Hicks, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bowen V. Gilliard, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
California V. Ciraolo, Lewis F. Powell Jr.
California V. Ciraolo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York V. Class, Lewis F. Powell Jr.
National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.
National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Tennessee V. Garner, Lewis F. Powell Jr.
Tennessee V. Garner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Sharpe, Lewis F. Powell Jr.
United States V. Sharpe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Winston V. Lee, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New Jersey V. T.L.O., Lewis F. Powell Jr.
New Jersey V. T.L.O., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.