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Articles 1 - 30 of 464
Full-Text Articles in Law
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Faculty Scholarship
No abstract provided.
Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey
Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey
Nevada Supreme Court Summaries
The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.
Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca
Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca
Nevada Supreme Court Summaries
The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.
Ross Douthat’S Critique Of Modernity, Bruce Ledewitz
Ross Douthat’S Critique Of Modernity, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ross Douthat’s Critique of Modernity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 25, 2015: Merry Christmas 2015, Bruce Ledewitz
December 25, 2015: Merry Christmas 2015, Bruce Ledewitz
Hallowed Secularism
Blog post, “Merry Christmas 2015“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp
Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp
Nevada Supreme Court Summaries
The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.
December 17, 2015: Underlying Consensus?, Bruce Ledewitz
December 17, 2015: Underlying Consensus?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Underlying Consensus?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Trending @ Rwu Law: Carl Bogus's Post: 'Should We Be Afraid? Absolutely. But Not Only Of Crazed Jihadists...', Carl Bogus
Law School Blogs
No abstract provided.
December 9, 2015: The Spirit Of Doom, Bruce Ledewitz
December 9, 2015: The Spirit Of Doom, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Spirit of Doom“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Second Amendment Is Not Absolute, Sonja R. West
The Second Amendment Is Not Absolute, Sonja R. West
Popular Media
This article written at Slate.com on December 7, 2015 explains that like many other constitutional rights, the right to possess firearms in the 2nd Amendment, may be regulated by Congress.
December 5, 2015: Islamic Terrorism, Christian Terrorism And Jewish Terrorism, Bruce Ledewitz
December 5, 2015: Islamic Terrorism, Christian Terrorism And Jewish Terrorism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Islamic Terrorism, Christian Terrorism and Jewish Terrorism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Six Degrees Of Separation: Attribution Under The Foreign Sovereign Immunities Act In Obb Personenverkehr Ag V. Sachs, Daniel R. Echeverri
Six Degrees Of Separation: Attribution Under The Foreign Sovereign Immunities Act In Obb Personenverkehr Ag V. Sachs, Daniel R. Echeverri
Duke Journal of Constitutional Law & Public Policy Sidebar
The Foreign Sovereign Immunities Act (FSIA) generally prevents foreign sovereigns from falling within the jurisdiction of U.S. courts, subject to exceptions the FSIA lists. This commentary analyzes BB Personenverkehr AG v. Sachs, a case before the Supreme Court on the question of whether the commercial activities exception of the FSIA applies when only one element of a plaintiff's claim is based upon commercial activity occurring in the United States and whether that sale can be attributed to a foreign sovereign. In this case, the plaintiff purchased a rail pass through an online, third-party travel agent. While traveling abroad and …
December 1, 2015: What Really Fuels Isis?, Bruce Ledewitz
December 1, 2015: What Really Fuels Isis?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Really Fuels ISIS?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Lost History Of The Political Question Doctrine, Tara Leigh Grove
The Lost History Of The Political Question Doctrine, Tara Leigh Grove
Faculty Publications
This Article challenges the conventional narrative about the political question doctrine. Scholars commonly assert that the doctrine, which instructs that certain constitutional questions are “committed” to Congress or to the executive branch, has been part of our constitutional system since the early nineteenth century. Furthermore, scholars argue that the doctrine is at odds with the current Supreme Court’s view of itself as the “supreme expositor” of all constitutional questions. This Article calls into question both claims. The Article demonstrates, first, that the current political question doctrine does not have the historical pedigree that scholars attribute to it. In the nineteenth …
A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser
A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser
Research Collection Yong Pung How School Of Law
On January 26, 2014, an overwhelming majority of the National Constituent Assembly of Tunisia approved the country's new constitution. Drafted in the aftermath of the Tunisian revolution, the constitution received considerable international critical acclaim, regarding the manner in which the text had been drafted and adopted as well as its content, notably the entrenchment of a host of fundamental rights and liberties. Comparisons have inevitably been drawn with Egypt's new constitution and those of other Arab nations, with the Tunisian text hailed as one of the most progressive in the region, providing the foundations for a modern and credible democracy. …
Time, Institutions, And Adjudication, Gary S. Lawson
Time, Institutions, And Adjudication, Gary S. Lawson
Faculty Scholarship
Some of my earliest and fondest memories regarding constitutional theory involve Mike McConnell. He was a participant at the very first Federalist Society conference in 1982, at a time when the entire universe of conservative constitutional theorists fit comfortably in the front of one classroom. More importantly, at another Federalist Society conference in 1987, he gave a speech on constitutional interpretation that, unbeknownst to him, profoundly shaped my entire intellectual approach to the field by emphasizing the obvious but oftoverlooked point that different kinds of documents call for different kinds of interpretative methods.1 In 2015, it is more than an …
The Moral Reading All Down The Line, James E. Fleming
The Moral Reading All Down The Line, James E. Fleming
Faculty Scholarship
Michael W. McConnell has written an elegant and illuminating article about constitutional interpretation.' He seeks to show how five major methodological approaches fit together. The five approaches he discusses are: "originalism, precedent, longstanding practice, judicial restraint, and living constitutionalism (here called the normative approach)."'2 He distinguishes two camps with respect to these approaches. One camp, he notes, "advocates for (or against) a particular approach ... on the assumption that these approaches are mutually inconsistent and that the task is to determine which is best . . . .3 The other camp "treats the various common approaches as mere tools in …
Emergency Takings, Brian Lee
Sexual Minority Stigma And System Justification Theory: How Changing The Status Quo Impacts Marriage And Housing Equality, Jordan A. Blenner
Sexual Minority Stigma And System Justification Theory: How Changing The Status Quo Impacts Marriage And Housing Equality, Jordan A. Blenner
Department of Psychology: Dissertations, Theses, and Student Research
Sexual minorities (i.e. lesbians and gay men) experience systemic discrimination throughout the United States. Prior to the Supreme Court ruling in Obergefell v. Hodges (2015), in many states, same-sex couples could not marry and sexual minorities were not protected from sexual orientation housing discrimination (Human Rights Campaign, 2015). The current, two-experiment study applied Jost and Banaji’s (1994) System Justification Theory to marriage and housing discrimination. When sexual minorities question dissimilar treatment, thereby threatening the status quo, members of the heterosexual majority rationalize sexual minority discrimination to maintain their dominant status (Alexander, 2001; Brescoll, Uhlmann, & Newman, 2013; Citizens for Equal …
November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz
November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Guess Trump Really Could Win the Republican Nomination“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 22, 2015: Reason Is Not An Alternative To Religion, Bruce Ledewitz
November 22, 2015: Reason Is Not An Alternative To Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Reason is Not an Alternative to Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 19, 2015: How To Defeat Isis, Bruce Ledewitz
November 19, 2015: How To Defeat Isis, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Defeat ISIS“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 15, 2015: None, Bruce Ledewitz
November 15, 2015: None, Bruce Ledewitz
Hallowed Secularism
Blog post, “None“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 13, 2015: Heidegger’S Judeo-Christian, Bruce Ledewitz
November 13, 2015: Heidegger’S Judeo-Christian, Bruce Ledewitz
Hallowed Secularism
Blog post, “Heidegger’s Judeo-Christian“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Discrimination As Disruption: Addressing Hostile Environments Without Violating The Constitution, Cara Mcclellan
Discrimination As Disruption: Addressing Hostile Environments Without Violating The Constitution, Cara Mcclellan
All Faculty Scholarship
In early March 2015, a video surfaced showing members of the Sigma Alpha Epsilon (SAE) fraternity at the University of Oklahoma chanting: “There will never be a nigger at SAE . . . you can hang him from a tree, but he’ll never sign with me.” Following the wide circulation of this video, the university’s president expelled two students leading the chants in the video for creating a hostile racial environment on campus. Legal commentators criticized this disciplinary action, arguing that it violated the First Amendment and principles of academic freedom. On the other hand, a review of Title VI …
November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz
November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is Wrong with Whites?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, Bruce Ledewitz
November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ross Douthat’s Mistake“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Religion And Social Coherentism, Nelson Tebbe
Religion And Social Coherentism, Nelson Tebbe
Cornell Law Faculty Publications
Today, prominent academics are questioning the very possibility of a theory of free exercise or non-establishment. They argue that judgments in the area can only be conclusory or irrational. In contrast to such skeptics, this Essay argues that decisionmaking on questions of religious freedom can be morally justified. Two arguments constitute the Essay. Part I begins by acknowledging that skepticism has power. The skeptics rightly identify some inevitable indeterminacy, but they mistakenly argue that it necessarily signals decisionmaking that is irrational or unjustified. Their critique is especially striking because the skeptics’ prudential way of working on concrete problems actually shares …
The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill
The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill
Scholarly Publications
Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the …