Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes,
2021
William & Mary Law School
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
William & Mary Journal of Race, Gender, and Social Justice
This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …
The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment,
2021
William & Mary Law School
The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman
William & Mary Journal of Race, Gender, and Social Justice
The hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court’s decision in the Civil Rights Cases regarding the scope of section 1 of the Amendment and it offers a holistic or structural interpretation of the Amendment to include an equal protection component and a lesser standard of review than strict scrutiny. Essentially, the Thirteenth Amendment, if properly used, could become a public …
Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq,
2021
Liberty University
Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis
Helm's School of Government Conference - 2021-2024
The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.
Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Black Citizenship, Dehumanization, And The Fourteenth Amendment,
2021
The University of Akron
Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Black Citizenship, Dehumanization, And The Fourteenth Amendment, Reginald Oh
ConLawNOW
The fight for full Black citizenship has been in large measure a fight against the systematic dehumanization of African Americans. Dehumanization is the process of treating people as less than human, as subhuman. Denying Blacks full and equal citizenship has gone hand in hand with denying their full humanity. To effectively promote equal citizenship for African Americans, therefore, requires an explicit commitment to ending their dehumanization. This essay examines the concept of dehumanization and its connection to formal, political, civil, and social citizenship. It elaborates on the less familiar idea of social citizenship, entailing the right to have personal relationships …
Public Reason, Rawlsian Restraint, And The Judiciary: The Influence Of Political Philosophy On Legal Scholars And Judges In Relation To Religious Liberty,
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,
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,
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,
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",
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.,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.
