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Articles 1 - 18 of 18
Full-Text Articles in Law
Liberty At The Borders Of Private Law, Donald J. Smythe
Liberty At The Borders Of Private Law, Donald J. Smythe
Akron Law Review
Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State’s powers of coercion might be abused. There is, not surprisingly, therefore, a wide range of literature on the relationship between law and liberty, but most of it focuses on the relationship between public law and liberty. This Article focuses on the relationship between private law and liberty. Private laws are enforced by courts. Since the judiciary …
September 6, 2015: Kim Davis Is No Religious Martyr, No Prisoner Of Conscience, Bruce Ledewitz
September 6, 2015: Kim Davis Is No Religious Martyr, No Prisoner Of Conscience, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Kim Davis is No Religious Martyr, No Prisoner of Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 26, 2015: Introducing Constitutional Law In The Midst Of The Plight, Bruce Ledewitz
August 26, 2015: Introducing Constitutional Law In The Midst Of The Plight, Bruce Ledewitz
Hallowed Secularism
Blog post, “Introducing Constitutional Law in the Midst of the Plight“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 15, 2015: No Religious Right To Refuse Government Service, Bruce Ledewitz
August 15, 2015: No Religious Right To Refuse Government Service, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Religious Right to Refuse Government Service“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann
Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann
Akron Law Review
This Note discusses the three Supreme Court cases that have delineated the battle between public accommodation laws and an organization’s freedom of expressive association: Roberts v. United States Jaycees, Board of Directors of Rotary International v. Rotary Club of Duarte, and New York State Club Association, Inc. v. City of New York. Specifically, this Note focuses on the development of the balancing test which courts use to protect these two constitutional freedoms. This Note then analyzes the Supreme Court’s decision in Boy Scouts of America v. Dale, pointing out its deviations from the Roberts Trilogy. Finally, this Note explains the …
An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine Esq.
An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine Esq.
Akron Law Review
This work sets out the constitutional, statutory, and common law applicable to television’s intrusion into the jury room. The first section addresses federal constitutional considerations focusing on Article III Section 2, the Sixth Amendment, and the First Amendment. The second section analyzes certain federal rules and particular statutes applicable to televising federal judicial proceedings, as well as the rationale behind their enactment. Finally, the third section discusses comparative approaches addressing television’s intrusion into the courtroom, particularly focusing on recent jurisprudence from the European Court of Human Rights and the Scottish Court of Session.
June 27, 2015: The Supreme Court's Week, Bruce Ledewitz
June 27, 2015: The Supreme Court's Week, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Supreme Court's Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith
Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith
All Faculty Scholarship
In 1995, Louis Henkin wrote a famous piece in which he suggested that the process of human rights treaty ratification was haunted by “the ghost of Senator Bricker” – the isolationist Senator who in the 1950s had waged a fierce assault on the treaty power, especially with regard to human rights treaties. Since that time, Senator Bricker’s ghost has proved even more real. Professor Henkin’s concern was with how the United States ratified human rights treaties, and specifically with the packet of reservations, declarations, and understandings (RUDs) attached by the Senate in giving its advice and consent. Today, the question …
Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper
Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper
Danielle Ireland-Piper
The constitutionalism of a nation says much about its national identity. Sections 25 and 51(xxvi) of the Australian Constitution are at odds with Australia’s international obligations under the United Nations Declaration of Human Rights, and the International Covenant on Civil and Political Rights. Further, Australia’s current asylum seeker policy is a perversion of our obligations under the Convention relating to the Status of Refugees. These failures to comply with our international obligations are at best, relics of a racist colonial history, and at worst, manifestations of our contemporary national identity. Whilst some may argue that there are other states in …
U.S. Immigration Policy: Contract Or Human Rights Law?, Victor Romero
U.S. Immigration Policy: Contract Or Human Rights Law?, Victor Romero
Victor C. Romero
The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom.
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Journal of Race, Gender, and Ethnicity
No abstract provided.
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Journal of Race, Gender, and Ethnicity
No abstract provided.
April 3, 2015: Making The Worst Of Religion, Bruce Ledewitz
April 3, 2015: Making The Worst Of Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Making the Worst of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz
March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Think about Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz
January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Nihilism on Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Touching Torture With A Ten-Foot Pole: The Legality Of Canada’S Approach To National Security Information Sharing With Human Rights-Abusing States, Craig Forcese
Osgoode Hall Law Journal
In 2011, then-Public Safety Minister Vic Toews issued “ministerial directions” to Canada’s key security and intelligence agencies on “Information Sharing with Foreign Entities.” These directions permit information sharing in exigent circumstances, even where there is substantial risk of mistreatment of an individual. After a brief chorus of condemnation, the directions sank into relative obscurity while remaining part of Canada’s national security policy framework. This article aims to reignite discussion of these policies and their controversial content, relying in large measure on documents obtained by the author directly or through journalistic researchers under access to information law. First, I examine dilemmas …
"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt
"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt
Journal Publications
This polemical essay was written at the behest of Black men and youth, and it is dedicated to African American women who relentlessly fight to safeguard the rights and well-being of Black men, even when in the process their maltreatment and welfare are grossly overlooked and forgotten. Bree Newsome's courageous and necessary removal of the confederate flag in the South Carolina State House is a prime example of such fearless activism. Joanne Deborah Chesimard aka Assata Shakur's-a former leader of the revolutionary organization known as the Black Liberation Armyascendency to the FBI's Most Wanted Terrorist list is another tragically intoxicating …