Brief For Amici Curiae Legal Historians In Support Of Petitioners, Hernandez V. Mesa, No. 15-118 (U.S. Dec. 12, 2016),
2016
University of Akron School of Law
Brief For Amici Curiae Legal Historians In Support Of Petitioners, Hernandez V. Mesa, No. 15-118 (U.S. Dec. 12, 2016), Richard L. Aynes, Michael Kent Curtis, Paul Finkelman, Stephen E. Gottlieb, Wilson R. Huhn, Rebecca E. Zietlow
Con Law Center Amicus Briefs
This case is about cross-border responsibilities of U.S. government agents. Accordingly your amici seek to explain the history and meaning of the Due Process Clauses as they apply to any “person.”
The meaning of any person affects whether there is legal responsibility for the intentional cross-border killing of a fifteen-year old boy by a government agent who had “no reason to suspect. . . had committed any crime or engaged in any conduct that justify the use of force, let alone deadly, force,” and for whose death there was “no apparent justification,” Hernandez v. United States, 785 F.3d 117, …
Applicability Of Sixth Amendment Guarantees To Military Proceedings,
2016
St. John's University School of Law
Applicability Of Sixth Amendment Guarantees To Military Proceedings
The Catholic Lawyer
No abstract provided.
Religious Freedom And The Church-State Relationship In Maryland,
2016
St. John's University School of Law
Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson
The Catholic Lawyer
No abstract provided.
The Functions Of The Constitution And The Establishment Clause,
2016
St. John's University School of Law
The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks
The Catholic Lawyer
No abstract provided.
An Unhurried Look At Obscenity,
2016
St. John's University School of Law
An Unhurried Look At Obscenity, John M. Regan, C.M.
The Catholic Lawyer
No abstract provided.
Vatican Ii On Religious Freedom,
2016
St. John's University School of Law
Vatican Ii On Religious Freedom, Msgr. John P. Kleinz
The Catholic Lawyer
No abstract provided.
Right Of Privacy,
2016
St. John's University School of Law
New York's "Minor" Obscenity Statute Held Constitutional,
2016
St. John's University School of Law
New York's "Minor" Obscenity Statute Held Constitutional
The Catholic Lawyer
No abstract provided.
December 10, 2016: The Businessman’S Economy,
2016
Duquesne University
December 10, 2016: The Businessman’S Economy, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Businessman’s Economy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Effect And Constitutionality Of Section 250 Of The New York Domestic Relations Law,
2016
St. John's University School of Law
The Effect And Constitutionality Of Section 250 Of The New York Domestic Relations Law
The Catholic Lawyer
No abstract provided.
December 7, 2016: Mark Lilla Discovers The Necessity Of Truth,
2016
Duquesne University
December 7, 2016: Mark Lilla Discovers The Necessity Of Truth, Bruce Ledewitz
Hallowed Secularism
Blog post, “Mark Lilla Discovers the Necessity of Truth“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States,
2016
Duke Law
Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States, Wendy R. Becker
Duke Journal of Constitutional Law & Public Policy Sidebar
Since Congress has not enacted a statute outlawing insider trading, or the trading of securities based on non-public information, outright, courts have struggled to define what constitutes insider trading. The Supreme Court held that a fiduciary duty was breached when the insider privy to the information receives a “personal benefit.” This Commentary analyzes a pending Supreme Court case, Salman v. United States, which addresses whether pecuniary gain is needed to constitute the personal benefit necessary for insider trading, or if certain relationships are enough for the tip to inherently create a personal benefit for the insider. The author argues …
Newsroom: Rwu's News First Amendment Blog 12-07-2016,
2016
Roger Williams University
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
From Common Core To Charter: The Economic Remedy To Nc Education,
2016
Liberty University
From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead
Senior Honors Theses
Although numerous factors contribute to the decline of North Carolina’s economic prosperity, one of the most prevalent is the waste that occurs through the ineffective funding of education. In the last century, this system has become progressively centralized and bureaucratized which restricts the presence of diversity and hinders economic choice. The purest evidence of this movement is demonstrated through the state’s adoption of the Common Core State Standards (CCSS), an initiative designed to serve as a basis for federal entanglement in education. Proponents of CCSS claimed that the system would accomplish a variety of rigorous educational goals; however, none of …
A Structural Etiology Of The U.S. Constitution,
2016
Notre Dame Law School
A Structural Etiology Of The U.S. Constitution, Charles Lincoln
Journal of Legislation
This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.
First, the article establishes Plato’s theory of the three-part Platonic soul …
December 4, 2016: The Supreme Court And Politics,
2016
Duquesne University
December 4, 2016: The Supreme Court And Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Supreme Court and Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Free Speech Matters: The Roberts Court And The First Amendment,
2016
Brooklyn Law School
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Journal of Law and Policy
This article contends that the Roberts Court, in the period from 2006 to 2016, arguably became the most speech-protective Supreme Court in memory. In a series of wide-ranging First Amendment decisions, the Court sounded and strengthened classic free speech themes and principles. Taken together, the Roberts Court’s decisions have left free speech rights much stronger than they were found.
Those themes and principles include a strong libertarian distrust of government regulation of speech and presumption in favor of letting people control speech, a consistent refusal to fashion new “non-speech” categories, a reluctance to “balance” free speech away against governmental interests, …
Introduction; The Past, Present And Future Of Free Speech,
2016
Brooklyn Law School
Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora
Journal of Law and Policy
This short paper introduces the papers and commentary produced at two significant First Amendment occasions. First was a 40th anniversary celebration of the Supreme Court’s landmark 1976 decision in Buckley v. Valeo, the fountainhead ruling on the intersection between campaign finance restrictions and First Amendment rights. The questions were discussed provocatively by two of the leading players in that decision, James Buckley himself, now a retired United States Circuit Judge, and Ira Glasser, former head of the ACLU who helped organize a strange bedfellows, left-right coalition to challenge the new federal election campaign laws on First Amendment grounds. …
Where's The Fire?,
2016
Brooklyn Law School
Where's The Fire?, Burt Neuborne
Journal of Law and Policy
Freedom of speech is priceless, but distressingly fragile. Life, and law, would be much simpler if we could react to free speech's importance and fragility by granting it absolute legal protection. Since, however, absolute protection of speech is not—and should not be—a serious option, we face the legal realist challenge of erecting a First Amendment legal structure capable of providing real-world protection to highly controversial speech, often by weak speakers, without closing the door to government regulation. Given the uncertainty inherent in applying fact-dependent complex rules in protean factual settings, many potential speakers would avoid being drawn into unpredictable and …
Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection,
2016
Brooklyn Law School
Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano
Journal of Law and Policy
The First Amendment is not the guardian of taste. Instead, the U.S. Constitution wholeheartedly protects freedom of thought and expression, even if generated and defined by hatred, as long as that expression does not produce immediate lawless violence. Although free speech may lead to tenuous relationships or uncomfortable debates, it must be defended unconditionally. Too many politicians and lawmakers believe that the freedom of speech protected by the First Amendment attaches only to those ideas and expressions that they approve of; this is not so. This article argues that the Founders intended the First Amendment's free speech principle as a …
