Church-State Cases,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
2017
St. John's University School of Law
Revenue Ruling 78-248: The Congress And The Constitution Be Damned,
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,
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,
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,
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,
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,
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,
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). …
