Religion, Neutrality, And The Public School Curriculum: Equal Treatment Or Separation?,
2017
St. John's University School of Law
Religion, Neutrality, And The Public School Curriculum: Equal Treatment Or Separation?, Matthew D. Donovan
The Catholic Lawyer
No abstract provided.
Silent Protest: A Catholic Justice Dissents In Buck V. Bell,
2017
St. John's University School of Law
Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson
The Catholic Lawyer
No abstract provided.
There And Back Again? Police Reforms Through The Prism Of The Recruitment Decisions In The High Court And The Court Of Appeal,
2017
William & Mary Law School
There And Back Again? Police Reforms Through The Prism Of The Recruitment Decisions In The High Court And The Court Of Appeal, Festus M. Kinoti
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Expansion Of Charitable Choice, The Faith Based Initiative, And The Supreme Court's Establishment Clause Jurisprudence,
2017
St. John's University School of Law
The Expansion Of Charitable Choice, The Faith Based Initiative, And The Supreme Court's Establishment Clause Jurisprudence, Steven Fitzgerald
The Catholic Lawyer
No abstract provided.
"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?,
2017
St. John's University School of Law
"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?, Thomas D. Brierton
The Catholic Lawyer
No abstract provided.
Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright,
2017
University of Maine School of Law
Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright, Alistair Y. Raymond
Maine Law Review
In State v. Wright, 1 the State of Minnesota charged David Wright with possession of a firearm by a felon and two counts of second-degree assault against his girlfriend and her sister. A jury found Wright guilty on all charges and sentenced him to sixty months in jail for each crime, with sentences served concurrently. Wright’s girlfriend, R.R., and her sister, S.R., did not testify against him at trial. The prosecution, however, used the transcript of a 911 call placed by R.R. against Wright in the trial. Although the 911 call was hearsay, the court admitted it under Minnesota’s excited …
Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence,
2017
University of Maine School of Law
Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence, Susan M. Raeker-Jordan
Maine Law Review
The now well-known case of Atkins v. Virginia decided that the execution of those with mental retardation constituted cruel and unusual punishment under the Eighth Amendment. The more recent case of Roper v. Simmons decided that execution of those who were under the age of eighteen when they committed their crimes also constituted cruel and unusual punishment. Both decisions changed the law that had existed since 1989, when the Court held in Penry v. Lynaugh and Stanford v. Kentucky that executions of members of both classes were not unconstitutional. Writing for the Court in Atkins v. Virginia, Justice Stevens was …
Kelo V. City Of New London-Wrongly Decided And A Missed Opportunity For Principled Line Drawing With Respect To Eminent Domain Takings,
2017
University of Maine School of Law
Kelo V. City Of New London-Wrongly Decided And A Missed Opportunity For Principled Line Drawing With Respect To Eminent Domain Takings, Orlando E. Delogu
Maine Law Review
No eminent domain taking case in the last twenty-five years has excited the level of interest, attention, and debate as has Kelo v. City of New London. The Supreme Court’s decision has not quelled that debate. If anything the stridency, the emotional tenor, of the debate has increased. And in the few months since the decision came down, several dozen states (in the absence of any meaningful federal limitation on what constitutes “public use”) have proposed statutes or constitutional amendments that would limit their exercise of eminent domain (taking) powers. There is even talk of federal legislation to temper, to …
November 14, 2017: Going After A Defeated Political Opponent Is The End Of Democratic Life,
2017
Duquesne University
November 14, 2017: Going After A Defeated Political Opponent Is The End Of Democratic Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “Going After a Defeated Political Opponent is the End of Democratic Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Mitchell V. Helms: Does Government Aid To Religious Schools Violate The First Amendment? An Extensive Analysis Of The Decision And Its Repercussions,
2017
St. John's University School of Law
Mitchell V. Helms: Does Government Aid To Religious Schools Violate The First Amendment? An Extensive Analysis Of The Decision And Its Repercussions, Peter Swift
The Catholic Lawyer
No abstract provided.
Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception,
2017
St. John's University School of Law
Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception, Edward T. Mechmann, Esq.
The Catholic Lawyer
No abstract provided.
Constitutional Jurisprudence Of Law And Religion: Privacy V. Piety - Has The Supreme Court Petered Out?,
2017
St. John's University School of Law
Constitutional Jurisprudence Of Law And Religion: Privacy V. Piety - Has The Supreme Court Petered Out?, Matthew A. Ritter, M.Div., J.D., Ph.D.
The Catholic Lawyer
No abstract provided.
Competing Accounts Of Interpretation And Practical Reasoning In The Debate Over Originalism,
2017
Attorney in Private Practice
Competing Accounts Of Interpretation And Practical Reasoning In The Debate Over Originalism, André Leduc
The University of New Hampshire Law Review
This article explores two assumptions about constitutional law and the form of practical reasoning inherent in constitutional argument and decision that have shaped the debate over originalism. The first assumption—adopted by originalists—is that constitutional reasoning is a formalistic process. Originalism’s critics tacitly describe a very different and less formalistic model. The second assumption—shared by originalists and most of its critics alike—is that the central task of constitutional decision is to interpret the Constitution. Both of these assumptions are wrong. Constitutional argument is not, and cannot be, reduced to the formal model of reasoning tacitly employed in originalism. The critics of …
Measuring Brief (Cordelia Lear),
2017
University of Hawaii at Manoa, William S. Richardson School of Law
Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Brittain County, New Union),
2017
University of Mississippi School of Law
Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (U.S. Fish & Wildlife Service),
2017
Michigan State College of Law
Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon
Pace Environmental Law Review Online Companion
No abstract provided.
2017 Bench Memorandum,
2017
Pace University
2017 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2017 National Environmental Moot Court Competition Problem,
2017
Pace University
2017 National Environmental Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Consent Decrees, The Enlightenment, And The "Modern" Social Contract: A Case Study From Bates, Olmstead, And Maine's Separation Of Powers Doctrine,
2017
University of Maine School of Law
Consent Decrees, The Enlightenment, And The "Modern" Social Contract: A Case Study From Bates, Olmstead, And Maine's Separation Of Powers Doctrine, Dana E. Prescott
Maine Law Review
On December 17, 2004, the Maine Supreme Judicial Court, sitting as the Law Court, issued its decision in Bates v. Department of Behavioral & Developmental Services, which affirmed in part, and vacated in part, the decision of Superior Court Chief Justice Nancy Mills, and remanded for further proceedings in the so-called Augusta Mental Health Institute (AMHI) Consent Decree case. In the underlying litigation, patients at the mental health hospital filed motions for sanctions and findings of contempt alleging the State of Maine failed to comply with the 1990 Consent Decree and incorporated settlement agreement. After a seventeen-day trial on whether …
Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory,
2017
University of Maine School of Law
Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory, Philip C. Kissam
Maine Law Review
Count Alexis de Tocqueville's Democracy in America has been said to be "at once the best book ever written on democracy and the best book ever written on America. " This praise should perhaps be tempered by consideration of Tocqueville' s purposes and the historical circumstances within which he worked and understood both democracy and America. Yet Tocqueville's insights into American democracy as of the 1830s undoubtedly constitute a rich source of constitutional thought-either as support for particular constitutional principles or as constitutional ideas that should be contested. In a recent notable instance, John McGinnis has argued that Tocqueville's ideas …
