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Public Reason, Rawlsian Restraint, And The Judiciary: The Influence Of Political Philosophy On Legal Scholars And Judges In Relation To Religious Liberty, Marc A. Clauson 2021 Cedarville University

Public Reason, Rawlsian Restraint, And The Judiciary: The Influence Of Political Philosophy On Legal Scholars And Judges In Relation To Religious Liberty, Marc A. Clauson

Helm's School of Government Conference - 2021-2024

This paper concerns the political theory of public reason in its application to religious freedom issues. Public reason, or its related idea, public justification, is in my estimation, just the latest extension of the problem of religious toleration in its particular relationship to the right of religious liberty. This latest expression of the toleration debate began, by most estimates, with John Rawls’ A Theory of Justice.[1] I will argue that in its Rawlsian form, public reason contains some serious flaws, which can be corrected by the work of political philosophers such as Gerald Gaus, Kevin Vallier and Michael Perry, …


The New Space Policy Regime And Its Financial Foundation, Tamara Campbell 2021 Liberty University

The New Space Policy Regime And Its Financial Foundation, Tamara Campbell

Helm's School of Government Conference - 2021-2024

Post the global financial crisis of 2008, the National Aeronautical and Space Administration (NASA) sought to expand the space economy through a public policy of commercialization. This has brought major changes to the composition of space mission funding strategies, now repositioned as public private partnerships (P3s). Formed to fund space missions with private finance in lieu of public funding, P3s are investment and risk-sharing vehicles evaluated by financial intermediary institutions, insurers, and at times, the courts in the case where there is foreign direct investment (FDI) agreement. For this reason, it is arguable P3s have exceptional influence on the scope …


A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz 2021 Duquesne University

A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


May 12, 2021: A Closer Look At The Pa Ballot Questions, Bruce Ledewitz 2021 Duquesne University

May 12, 2021: A Closer Look At The Pa Ballot Questions, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Closer Look at the Pa Ballot Questions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 6, 2021: Opioids "Make The World Appear More Meaningful", Bruce Ledewitz 2021 Duquesne University

May 6, 2021: Opioids "Make The World Appear More Meaningful", Bruce Ledewitz

Hallowed Secularism

Blog post, "Opioids make the world appear more meaningful"““ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum 2021 Villanova University Charles Widger School of Law

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal (1991 - )

No abstract provided.


First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein 2021 University at Albany, State University of New York

First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …


Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil 2021 Villanova University Charles Widger School of Law

Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Chance To Save Lives: A Guide For How And Why The Us Should Mandate Vaccines For Children And Limit State Exemption Laws, Lauren Zidones 2021 The University of Akron

A Chance To Save Lives: A Guide For How And Why The Us Should Mandate Vaccines For Children And Limit State Exemption Laws, Lauren Zidones

Akron Law Review

Vaccines have helped increase the life expectancy for humans in the 20th century and have reduced the number of deaths associated with infectious diseases. Despite efforts by the CDC, state and local governments, and other public health agencies, infectious diseases are still a major cause of illness, disability, and death. Steps must be taken to address the continued rise of vaccine-preventable diseases in America. Eliminating or limiting state exemptions for mandatory vaccinations for school-aged children is the simplest way to address this growing issue. However, a population of parents argue for absolute parental rights and stand against any vaccine exemption …


The Cobra Effect: Kisor, Roberts, And The Law Of Unintended Consequences, Patrick Warczak Jr. 2021 The University of Akron

The Cobra Effect: Kisor, Roberts, And The Law Of Unintended Consequences, Patrick Warczak Jr.

Akron Law Review

With its decision in Kisor v. Wilkie, the U.S. Supreme Court was expected to overturn Auer v. Robbins, under which courts are to defer to agencies’ interpretations of their own regulations. This was an expected precursor to the Court eventually overturning Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., which prescribes judicial deference to agency interpretations of statutes the agency administers. The Court instead chose to limit but not overturn Auer and leave Chevron untouched. This leaves lower courts with the challenge of determining when and how to properly apply Auer deference. But the Court’s decision …


School Board Prayer: Reconciling The Legislative Prayer Exception And School Prayer Jurisprudence, Evan Lee 2021 The University of Akron

School Board Prayer: Reconciling The Legislative Prayer Exception And School Prayer Jurisprudence, Evan Lee

Akron Law Review

The Supreme Court has carved a legislative prayer exception out of the First Amendment’s Establishment Clause to allow clergy to deliver opening prayers at legislative sessions and meetings of local public deliberative bodies, such as town boards. Meanwhile, for decades, the Supreme Court has struck drown prayers in the public school context, including prayers in the classroom, at graduation ceremonies, and at high school varsity football games. However, the Supreme Court has not addressed whether prayers at public school board meetings should be barred as prayers in the public school context or permitted under the legislative prayer exception. A circuit …


Panel Iii Discussion: The U.S. Constitution: Reimagining "We The People" As An Inclusive Construct, Joan Bullock, Constance Fain, Larry Weeden, SpearIt 2021 Texas Southern University

Panel Iii Discussion: The U.S. Constitution: Reimagining "We The People" As An Inclusive Construct, Joan Bullock, Constance Fain, Larry Weeden, Spearit

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Former Congresswoman Barbara Jordan of Texas, a graduate of Texas Southern University, on July 25, 1974, in a speech to the House Judiciary Committee said, “Earlier today, we heard the beginning of the Preamble to the Constitution of the United States, “We, the people.” It is a very eloquent beginning. But when the document was completed on the seventeenth of September 1787, I was not included in that “We, the people.” I felt somehow for many years that George Washington and Alexander Hamilton just left me out by mistake. But through the process of amendment, interpretation, and court decision I …


Panel Ii Discussion: The Anatomy Of 1983 Litigation: Best Practices In Successful Civil Rights Litigation, Gary Bledsoe, Bhavani Raveendran, Brian Dunn, Honorable Ken Hoyt, Larry Taylor 2021 Texas Southern University

Panel Ii Discussion: The Anatomy Of 1983 Litigation: Best Practices In Successful Civil Rights Litigation, Gary Bledsoe, Bhavani Raveendran, Brian Dunn, Honorable Ken Hoyt, Larry Taylor

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. It applies when someone acting “under color of” state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes. It is often the basis for relief when someone has been the victim of excessive use of force or other police misconduct, ostensibly while under the authority generally vested by the state or municipality. The Qualified Immunity defense in 42 U.S.C. § 1983 claims often make them difficult …


May 4, 2021: No, We Will Not Find God, But We Might Find Something Else, Bruce Ledewitz 2021 Duquesne University

May 4, 2021: No, We Will Not Find God, But We Might Find Something Else, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, We Will Not Find God, But We Might Find Something Else“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


America Won’T Find God. But We Might Find Something Else, Bruce Ledewitz 2021 Duquesne University

America Won’T Find God. But We Might Find Something Else, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


May 3, 2021: The "America Is Racist" Controversy, Bruce Ledewitz 2021 Duquesne University

May 3, 2021: The "America Is Racist" Controversy, Bruce Ledewitz

Hallowed Secularism

Blog post, “The "America is racist" Controversy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Brnovich V. Democratic National Committee: Examining Section 2 Of The Voting Rights Act, Arturo Nava 2021 Duke Law

Brnovich V. Democratic National Committee: Examining Section 2 Of The Voting Rights Act, Arturo Nava

Duke Journal of Constitutional Law & Public Policy Sidebar

In Brnovich, the Court will determine whether Arizona’s out-of-precinct (OOP) policy and its ballot-collection law violate Section 2 of the VRA. The Ninth Circuit held that both voting provisions violate Section 2. The Supreme Court should affirm the Ninth Circuit’s decision, invoking the Section 2 Results Test adopted by multiple circuits, and find that a fact-specific inquiry should be preserved in assessing vote-denial claims. At a minimum, the Court should avoid establishing a bright-line rule as proposed by critics of the Section 2 Results Test. Such a rigid rule runs the risk of masking the nuances that the courts …


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …


Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston 2021 Dalhousie University Schulich School of Law

Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston

LLM Theses

This thesis explores the extent of federal jurisdiction over a next generation environmental assessment (EA) model proposed by Sinclair, Doelle and Gibson. Examining the jurisprudence and literature, it analyses the scope of federal constitutional authority during the triggering, information-gathering and analysis and decision-making stages of project, strategic and regional assessment. A federal next generation EA law focused on impacts on areas of federal authority could be upheld under various federal constitutional heads of power. Federal jurisdiction is most important at decision-making, and authority to trigger an assessment should be based on the low jurisdictional threshold of reasonable probability of federal …


Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York 2021 University of Colorado Law School

Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York

University of Colorado Law Review Forum

No abstract provided.


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