The Supreme Court’S Hands-Off Approach To Religious Questions In The Era Of Covid-19 And Beyond,
2022
Touro Law Center
The Supreme Court’S Hands-Off Approach To Religious Questions In The Era Of Covid-19 And Beyond, Samuel J. Levine
Scholarly Works
No abstract provided.
Revitalizing Tribal Sovereignty In Treatymaking,
2022
Brigham Young University - Utah
Revitalizing Tribal Sovereignty In Treatymaking, David H. Moore, Michalyn Steele
Faculty Scholarship
In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more robust model of tribal sovereignty in which federal-Indian treatymaking and diplomacy figured prominently. Through treaties, the United States and tribes negotiated territorial boundaries, forged alliances, facilitated trade, and otherwise managed their relations. In 1871, Congress attempted to put an end to federal-Indian treatymaking by purporting to strip tribes of …
Book Review: The Restatement And Beyond: The Past, Present, And Future Of U.S. Foreign Relations Law. Edited By Paul B. Stephan And Sarah H. Cleveland. New York: Oxford University Press, 2020. Pp. Xi, 587.,
2022
Brigham Young University - Utah
Book Review: The Restatement And Beyond: The Past, Present, And Future Of U.S. Foreign Relations Law. Edited By Paul B. Stephan And Sarah H. Cleveland. New York: Oxford University Press, 2020. Pp. Xi, 587., David H. Moore, Paul B. Stephan, Sarah H. Cleveland
Faculty Scholarship
This paper reviews The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (Paul B. Stephan and Sarah H. Cleveland eds., OUP 2020).
Coase And Accommodation: A Reply,
2022
Brigham Young University - Utah
Coase And Accommodation: A Reply, Frederick Mark Gedicks
Faculty Scholarship
Written for a Festschrift in honor of Michael Perry, this essay responds to the argument that the Coase theorem refutes the third-party harm doctrine, which holds that the Establishment Clause prohibits any religious accommodation imposing material burdens (“harms”) on those who derive no benefit from the accommodation because they do not engage in the exempted practice (“third parties”). In economic terms, the third-party harm doctrine prohibits negative externalities created by religious accommodations which shift material costs of practicing the accommodated religion to a relatively small number of third parties who practice a different religion or none at all.
Enter Coase, …
In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia,
2021
Pacific Legal Foundation
In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner
Catholic University Law Review
In the 1950s and 1960s in many parts of the country, a professor could be fired or never hired if he refused to denounce communism or declare loyalty to the United States Constitution. The University of California system took the lead in enforcing these loyalty oaths. These loyalty oaths were challenged all the way up to the United States Supreme Court and were soundly rejected, establishing the centrality of academic freedom and open inquiry on the university campus. So why are loyalty oaths making their resurgence in the form of mandatory diversity statements? Universities have begun requiring faculty members to …
Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India,
2021
Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur, India
Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India, Payal Thaorey
Indonesia Law Review
Privacy of the individual is an essential aspect of dignity. The ability of the individual to protect a zone of privacy enables the realization of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. The journey of right to privacy has been …
Hukum Tata Negara Adat Minangkabau Dan Aceh Dalam Bingkai Negara Kesatuan Republik Indonesia,
2021
Ihza & Ihza Law Office – SCBD & Bali
Hukum Tata Negara Adat Minangkabau Dan Aceh Dalam Bingkai Negara Kesatuan Republik Indonesia, Raihan Hudiana
Jurnal Konstitusi & Demokrasi
As the state's fundamental law, the constitution is a legal document that regulates the general provisions of reference for making more specific laws and regulations. The birth of a constitution stems from the shared consensus of a nation that contains the distinctive values of its people, including those in Indonesia. Indonesia has various kingdoms with a long history in each region that is part of it, including Aceh and Minangkabau. The condition of the two regions with a long history of civilization has led to customary constitutional law based on prevailing values. The validity of customary law raises questions about …
Menyoal Pengawasan Dewan Perwakilan Rakyat Terhadap Independensi Pembentukan Peraturan Komisi Pemilihan Umum,
2021
Advokat di Yudhistira Atmojo & Partners Law Office
Menyoal Pengawasan Dewan Perwakilan Rakyat Terhadap Independensi Pembentukan Peraturan Komisi Pemilihan Umum, Teddy Handiar Yobel
Jurnal Konstitusi & Demokrasi
This paper talks about General Elections Commission independence concept within General Elections Commissions establishment as a part of People Representative Council supervision. The main goal is to search the right stance following the debate of General Elections Commission independence. After the answer emerges, the discovery from the research paper can become reference regarding the answer about General Elections Commissions debate in term of forming General Elections Commission regulations. Specifically, the big question that could be answered from this research is whether General Elections Commission independence disturbed with the consultation obligatory within General Elections Commission regulations establishment? By way of normative, …
Perkembangan Pengaturan Tindakan Afirmasi Perempuan Pada Dewan Perwakilan Rakyat Republik Indonesia,
2021
Yayasan Darul Quran Mulia
Perkembangan Pengaturan Tindakan Afirmasi Perempuan Pada Dewan Perwakilan Rakyat Republik Indonesia, Ishmah Naqiyyah
Jurnal Konstitusi & Demokrasi
This research discusses the development of affirmative action arrangements to increase women's representation in the DPR RI and how the implementation of these arrangements since the beginning of affirmative action was applied in 2004 until the last time affirmative action for the DPR was applied, namely in 2014. The research method used is normative juridical with a legal history approach. The discussion begins by analyzing affirmative action in the Political Party Law, the General Election Law for Members of the DPR, DPD, and DPRD, and the Law on the People's Consultative Assembly, the House of Representatives, the Regional Representatives Council, …
Compelled Unionism In The Private Sector After Janus: Why Unions Should Not Profit From Dissenting Employees,
2021
The Catholic University of America, Columbus School of Law
Compelled Unionism In The Private Sector After Janus: Why Unions Should Not Profit From Dissenting Employees, Giovanna Bonafede
Catholic University Law Review
This Note examines the impact of the 2018 landmark labor law case Janus v. AFSCME. Janus held it unconstitutional under the First Amendment to require public sector employees to pay fees to a union to which they are not a member. The Supreme Court based their decision on the idea that compelling public employees to subsidize union speech to which they disagreed violated their free speech rights. The author argues that the Court’s holding in Janus should be extended to protect the free speech rights of private sector employees through a finding of state action in the private unionized …
Foreword: The Free Speech Record Of The Roberts Court,
2021
Brooklyn Law School
Foreword: The Free Speech Record Of The Roberts Court, William D. Araiza
Brooklyn Law Review
On April 9, 2021, scholars gathered at Brooklyn Law School to consider the free speech themes highlighted by a catalogue of the Roberts Court’s free speech jurisprudence. The speakers provided incisive and timely insight on these themes—insight that is reflected in the catalogue and accompanying papers published in this symposium issue of the Brooklyn Law Review. This introduction provides an overview of this symposium issue and the questions presented by each article and essay.
The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005–2021,
2021
Brooklyn Law School
The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005–2021, Ronald K.L. Collins, David L. Hudson Jr.
Brooklyn Law Review
The decisional law of the First Amendment is an area of law formulated, for the most part, by the high court of the land. At the same time, the study of free speech is equally a study in political philosophy and law. Supreme Court justices have left their mark on the First Amendment free speech doctrine and have made names for themselves in the process. This study explores the impact of Chief Justice John Roberts and the Roberts Court on the free speech doctrine. By examining the case law in this area and the justices and lawyers who craft it, …
The Law Of License Plates And Other
Inevitabilities Of Free Speech Context Sensitivity,
2021
Brooklyn Law School
The Law Of License Plates And Other Inevitabilities Of Free Speech Context Sensitivity, William D. Araiza
Brooklyn Law Review
This article, written for a symposium on Ronald Collins’s and Professor David Hudson’s catalogue of the Roberts Court’s First Amendment free speech jurisprudence, reconsiders the longstanding tension between rigid free speech rules and more contextual standards. It examines that debate by considering a set of relatively recent free speech cases in which the Court ostensibly adopted rigid rules, but in doing so arguably cloaked its reliance on more contextual factors by manipulating those rules. In cases dealing with national security and judicial electoral speech, the Court manipulated the strict scrutiny the Court insists applies to nearly every content-based speech restriction …
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction,
2021
Brooklyn Law School
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey R. Stone
Brooklyn Law Review
On April 9, 2021, Geoffrey R. Stone delivered the following introductory remarks at The Roberts Court and Free Speech Symposium at Brooklyn Law School. An adaptation of Geoffrey R. Stone, Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century Lead Article (2008), Dean Stone detailed the history of the pre-Roberts Court First Amendment jurisprudence and laid the foundation for the symposium’s scholarly discourse.
Free Speech Still Matters,
2021
Brooklyn Law School
Free Speech Still Matters, Joel M. Gora
Brooklyn Law Review
In its first ten years, the Roberts Court proved to be the most speech protective Court in a generation, if not in our history; however, in the intervening five years, the Court has faced intense pressures, ranging from heightened criticism of its First Amendment jurisprudence to seismic changes in the makeup of the Court to very real proposals for court “packing.” Despite these powerful forces, the Roberts Court has surprisingly stayed true to its commitment to—and guardianship of—the First Amendment. Nevertheless, in the face of modern political correctness and cancel culture, free speech has rarely been in a more precarious …
The Anti-Free Speech Movement,
2021
Brooklyn Law School
The Anti-Free Speech Movement, Robert Corn-Revere
Brooklyn Law Review
What does it mean for the Supreme Court, under Chief Justice John Roberts, to be “good” when it comes to the First Amendment? First Amendment lawyer Robert Corn-Revere tackles this question, by looking at the history of censorship in the United States. Through a historical lens, Mr. Corn-Revere examines the arguments for regulating “bad” speech in order to promote “good” speech, and analogizes this approach to the work of early American censors like Anthony Comstock. This article examines how the history of censorship has shaped First Amendment law, and ultimately through his analysis, Mr. Corn-Revere identifies several examples of what …
Transition Administration,
2021
Benjamin N. Cardozo School of Law
Transition Administration, Michael Herz, Katherine A. Shaw
Articles
The period from November 3, 2020 to January 20, 2021, was unlike any presidential transition in our history. President Donald Trump refused to accept his ballot-box defeat, instead battling to overturn the election’s outcome. This dramatic public campaign was waged in state and federal courts, state legislatures, the offices of state and local election officials, the Department of Justice, and finally the halls of Congress, where on January 6, 2021, a mob incited by the President stormed the Capitol with the explicit goal of preventing the final counting of electoral votes for Joe Biden. These efforts had more mundane and …
Transcript: The Roberts Court And Free Speech Symposium,
2021
Brooklyn Law School
Transcript: The Roberts Court And Free Speech Symposium, Michael T. Cahill, Joel M. Gora, Geoffrey R. Stone, Ronald K.L. Collins, David L. Hudson Jr., Floyd Abrams, Ellis Cose, Robert Corn-Revere, Genevieve Lakier, William D. Araiza, Helen Norton, Nadine Strossen, Erwin Chemerinsky
Brooklyn Law Review
On April 9, 2021, the Brooklyn Law Review gathered a panel of First Amendment scholars for a symposium on the Roberts Court's free speech jurisprudence. This transcript captures the panelists' diverse perspectives on the free speech themes highlighted by the Roberts Court's free speech jurisprudence.
Broken Promesa: Why The United States Should Abandon Its Use Of The Territories Clause To Control The Local Affairs Of Puerto Rico,
2021
Brooklyn Law School
Broken Promesa: Why The United States Should Abandon Its Use Of The Territories Clause To Control The Local Affairs Of Puerto Rico, Julia R. Cummings
Brooklyn Law Review
Puerto Rico’s sovereignty status is an anomaly. Since the United States acquired the island in 1898, the federal government has treated Puerto Ricans differently compared to residents of its other acquired territories. The United States also exerts significant control over Puerto Rico’s local affairs, most recently through the enactment and enforcement of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) in response to the current debt crisis in Puerto Rico. This note assesses the validity of the federal government’s use of the territories clause to control local Puerto Rican affairs, examining the complex history between the United States …
Perkembangan Kedudukan Hukum (Legal Standing) Dalam Pengujian Administratif Di Pengadilan Tata Usaha Negara Dan Uji Materi Di Mahkamah Agung,
2021
Faculty of Law Universitas Gadjah Mada
Perkembangan Kedudukan Hukum (Legal Standing) Dalam Pengujian Administratif Di Pengadilan Tata Usaha Negara Dan Uji Materi Di Mahkamah Agung, Oce Madril, Jery Hasinanda
Jurnal Hukum & Pembangunan
Legal standing is one of the most important aspect accordance citizen legal protection from government act which is general or concrete . In implementation at Indonesia, there are many changes in the legal standing rule. Nevertheless, this changes of rule is considered not to clarify related legal standing aspect that has impact to citizen who are having trouble for access to justice through Administratif Judicial at Administratif Court and Judicial Review at Supreme Court. Plus, the emergence of many judge decision from Administrative Court and Supreme Court Judge that sometimes expanding the meaning of legal standing, but sometimes restricting the …
