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Church-State Cases, James E. Serritella, Reuben & Proctor Chicago, Illinois 2017 St. John's University School of Law

Church-State Cases, James E. Serritella, Reuben & Proctor Chicago, Illinois

The Catholic Lawyer

No abstract provided.


Church-State Cases, Wilfred R. Caron, General Counsel, United States Catholic Conference 2017 St. John's University School of Law

Church-State Cases, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano 2017 Purdue university

The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano

The Purdue Historian

From King Andrew I to Old Hickory, Andrew Jackson had no shortage of nicknames symbolic of the opposing opinions of the president responsible for the forced removal of all Native peoples from the American South. While on its face the Indian Removal Act of 1830 appears to be little more than a racist executive order purporting large-scale land theft, the Act was also a manifestation of executive power and competing constitutional interpretations of sovereignty. In using his presidential authority to demand Indian removal, Jackson not only restructured national Indian policy, but further challenged both the power balance between state and …


The Human Life Federalism Amendment - An Assessment, Wilfred R. Caron 2017 St. John's University School of Law

The Human Life Federalism Amendment - An Assessment, Wilfred R. Caron

The Catholic Lawyer

No abstract provided.


Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman 2017 University of Maine School of Law

Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman

Maine Law Review

Courts, legislatures, and citizens have been debating whether transgender students should use the restroom that corresponds to their biological sex, or whether they can choose to use the facilities which align with their gender identity. The Fourth Circuit decided that Title IX required the latter in G.G. ex. rel. Grimm v. Gloucester County School Board, but that didn't settle the issue. To complicate things, the Trump Administration revoked the guidance that the Fourth Circuit had relied on. This Note argues that a court should resolve this once and for all by finding that a school policy that requires students to …


The First Amendment And The Police In The Digital Age, Kermit V. Lipez 2017 University of Maine School of Law

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

Maine Law Review

In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those—a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities they serve, and the revolution in communications technology. I emphasize two points as I begin. I have enormous respect for police officers and their work. They risk their lives on the job—a reality that we have seen far too often in recent years—and go to work every …


A Framework For Untangling Intents In Posthumous Sperm Extraction, Lark Zink 2017 University of Oklahoma College of Law

A Framework For Untangling Intents In Posthumous Sperm Extraction, Lark Zink

Oklahoma Journal of Law and Technology

No abstract provided.


Norms, Law And The Impeachment Power, John M. Greabe 2017 University of New Hampshire School of Law

Norms, Law And The Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt]

"Most experts believe that, while a president can be criminally prosecuted after leaving office, he cannot be prosecuted while he is president. And while the president may be sued civilly while holding office, the office confers powerful immunities and other constitutional defenses that are unavailable to ordinary civilian defendants."


Of Principle And Prudence: Analyzing The F.B.I.'S Reluctance To Electronically Record Interrogations, Kristian Bryant Rose 2017 University of Oklahoma College of Law

Of Principle And Prudence: Analyzing The F.B.I.'S Reluctance To Electronically Record Interrogations, Kristian Bryant Rose

Oklahoma Journal of Law and Technology

No abstract provided.


September 7, 2017: Spending Money We Don't Have, Bruce Ledewitz 2017 Duquesne University

September 7, 2017: Spending Money We Don't Have, Bruce Ledewitz

Hallowed Secularism

Blog post, “Spending Money We Don't Have“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


National Coalition For Public Education & Religious Liberty V. Harris, Charles H. Wilson, Williams & Connolly, Washington, D.C. 2017 St. John's University School of Law

National Coalition For Public Education & Religious Liberty V. Harris, Charles H. Wilson, Williams & Connolly, Washington, D.C.

The Catholic Lawyer

No abstract provided.


Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois 2017 St. John's University School of Law

Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois

The Catholic Lawyer

No abstract provided.


Privacy And The Right To Die, Peter J. Riga 2017 St. John's University School of Law

Privacy And The Right To Die, Peter J. Riga

The Catholic Lawyer

No abstract provided.


Revenue Ruling 78-248: The Congress And The Constitution Be Damned, Alfred L. Scanlan, Shea & Gardner, Washington, D.C. 2017 St. John's University School of Law

Revenue Ruling 78-248: The Congress And The Constitution Be Damned, Alfred L. Scanlan, Shea & Gardner, Washington, D.C.

The Catholic Lawyer

No abstract provided.


Religion, Sincerity, And Free Exercise, Peter J. Riga 2017 St. John's University School of Law

Religion, Sincerity, And Free Exercise, Peter J. Riga

The Catholic Lawyer

No abstract provided.


September 2, 2017: Asking The Wrong Question, Bruce Ledewitz 2017 Duquesne University

September 2, 2017: Asking The Wrong Question, Bruce Ledewitz

Hallowed Secularism

Blog post, “Asking the Wrong Question“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Cost Of The Text, Richard A. Primus 2017 University of Michigan Law School

The Cost Of The Text, Richard A. Primus

Articles

Christopher Serkin and Nelson Tebbe's Is the Constitution Special?explores many facets of constitutional interpretation. I will focus here on their observation that constitutional interpretation is "less textual" than statutory interpretation. I place the expression "less textual" in quotation marks because "textual" could mean many things, such that it would often be problematic to characterize one interpretive exercise as more or less textual than another. In Serkin and Tebbe's view, as I understand it, mainstream constitutional interpretation is "less textual " than statutory decisionmaking in that it is less constrained by the words of particular enacted clauses. As a convenient …


Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella 2017 Seton Hall Law School

Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella

West Virginia Law Review

No abstract provided.


Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher 2017 West Virginia University

Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher

West Virginia Law Review

No abstract provided.


Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski 2017 Marquette University Law School

Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski

Marquette Law Review

After an extremely partisan gerrymander in 2011, Wisconsin needs redistricting reform in order to eliminate partisan politics from the process. Now more than ever, momentum for change has reached its peak: the Wisconsin legislative maps as drawn in 2011 were ruled unconstitutional in Whitford v. Gill; the Supreme Court has recently ruled in favor of states implementing independent redistricting commissions; and nearly half of the states in the United States are beginning to use independent commissions for redistricting. This Comment proposes a unique approach for Wisconsin to adopt in order to curtail gerrymandering: the Wisconsin Impartial Citizens Redistricting Commission (WICRC). …


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