The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States,
2013
Pepperdine University
The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii
Pepperdine Law Review
No abstract provided.
The Ninth Amendment In Congress,
2013
Pepperdine University
The Ninth Amendment In Congress, Brian C. Kalt
Pepperdine Law Review
The Ninth Amendment declares that “[t]he enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Scholars have developed a rich literature on the Ninth Amendment, but they have focused nearly exclusively on how courts should treat the amendment’s mysterious unenumerated rights. Other scholars have generated an even richer body of work on constitutional interpretation outside the courts. These scholars have written persuasively about the role of Congress as an important participant in constitutional debate and development. However, this work has largely ignored the Ninth Amendment. This article brings these …
Towards A Borgean Theory Of Constitutional Interpretation,
2013
Pepperdine University
Towards A Borgean Theory Of Constitutional Interpretation, Marco Jimenez
Pepperdine Law Review
This Article presents a reworking of Jorge Luis Borges’ short story, Pierre Menard, Author of the Quixote, as applied to the U.S. Constitution. In Borges’ original story, which deals with important issues governing interpretation, the creation of meaning, and the ascertainment of original intent, Borges’ fictional scholar, Pierre Menard, undertakes to translate Cervantes’ Don Quixote for a modern audience by creating a Quixote that could have been written by Cervantes today. To do so, Menard begins by immersing himself in the world of 17th century Spain, much as an originalist today might immerse him or herself in 18th century America, …
Seeking An Islamic Reflective Equilibrium: A Response To Abdullahi A. An-Na'im’S Complementary, Not Competing, Claims Of Law And Religion: An Islamic Perspective,
2013
Pepperdine University
Seeking An Islamic Reflective Equilibrium: A Response To Abdullahi A. An-Na'im’S Complementary, Not Competing, Claims Of Law And Religion: An Islamic Perspective, Mohammad H. Fadel
Pepperdine Law Review
Professor 'Abdallahi Na'im argues that there can be no conflict between religion and the state because religion and politics are part of different normative orders, and thus it is not conceivable that a conflict can arise between them. I argue that Na'im's solution to the problematic relationship of religion to state shares the same conceptual terrain as separationism in American constitutional law, a position which has grown increasingly untenable as a result of the increasing religious pluralism in the United States and the expansion of the government into areas of life in a manner that would have been inconceivable even …
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter,
2013
Pepperdine University
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
Pepperdine Law Review
This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom? ,
2013
Pepperdine University
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom? , Robert F. Cochran Jr., Michael A. Helfand
Pepperdine Law Review
No abstract provided.
Take The Money And Run: Detainment Incident To A Search Warrant In Bailey V. United States,
2013
Duke Law
Take The Money And Run: Detainment Incident To A Search Warrant In Bailey V. United States, Alexander Hall
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Bailey v. United States, in which the Court will examine the scope of permissible non-arrest seizures in the context of a detainment incident to a search warrant. The case offers the Court an opportunity to clarify its holding in Michigan v. Summers--that occupants of premises being searched pursuant to a valid warrant may be detained during the search--by determining whether such a detainment is permissible when the occupants have left the premises.
Clapper V. Amnesty International: Who Has Standing To Challenge Government Surveillance?,
2013
Duke Law
Clapper V. Amnesty International: Who Has Standing To Challenge Government Surveillance?, Elisa Sielski
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Clapper v. Amnesty International, in which the Court will examine whether plaintiffs have standing to challenge possible government surveillance under the Foreign Intelligence Surveillance Act. In so doing, the Court will have to revisit the standards for standing in surveillance cases in light of Laird v. Tatum and a circuit split stemming from that case.
Evans V. Michigan: The Impact Of Judicial Error On Double Jeopardy Protection,
2013
Duke Law
Evans V. Michigan: The Impact Of Judicial Error On Double Jeopardy Protection, Zi-Xiang Shen
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Evans v. Michigan, in which the Court has an opportunity to clarify the bounds of the prohibition on double jeopardy. More specifically, the Court will determine what, if any, impact judicial error has on double jeopardy protection under the Fifth Amendment.
January 13, 2013: Why Tolerate Religion? Because Secularists Need It,
2013
Duquesne University
January 13, 2013: Why Tolerate Religion? Because Secularists Need It, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Tolerate Religion? Because Secularists Need It“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 11, 2013: Rest Of Taking Nihilism Seriously , Parts 4&5,
2013
Duquesne University
January 11, 2013: Rest Of Taking Nihilism Seriously , Parts 4&5, Bruce Ledewitz
Hallowed Secularism
Blog post, “Rest of Taking Nihilism Seriously , Parts 4&5“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 8, 2013: More On Taking Nihilism Seriously, Part 3,
2013
Duquesne University
January 8, 2013: More On Taking Nihilism Seriously, Part 3, Bruce Ledewitz
Hallowed Secularism
Blog post, “More On Taking Nihilism Seriously, Part 3“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 7, 2013: The Error Of Theism And Atheism Is The Same And Must Be Overcome Together,
2013
Duquesne University
January 7, 2013: The Error Of Theism And Atheism Is The Same And Must Be Overcome Together, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Error of Theism and Atheism is the Same and Must be Overcome Together“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 6, 2013: On Taking Nihilism Seriously,
2013
Duquesne University
January 6, 2013: On Taking Nihilism Seriously, Bruce Ledewitz
Hallowed Secularism
Blog post, “On Taking Nihilism Seriously“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 5, 2013: Restoring The Lost Constitution,
2013
Duquesne University
January 5, 2013: Restoring The Lost Constitution, Bruce Ledewitz
Hallowed Secularism
Blog post, “Restoring the Lost Constitution“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Religious Freedom And Women's Health - Litigation On Contraception,
2013
Washington and Lee University School of Law
Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost
Scholarly Articles
Not available.
A Testament To Power: Mary Woolsey And Dolores Rodriguez As Trial Witnesses In Arizona's Early Statehood,
2013
University of Nebraska-Lincoln
A Testament To Power: Mary Woolsey And Dolores Rodriguez As Trial Witnesses In Arizona's Early Statehood, Katrina Jagodinsky
Department of History: Faculty Publications
In 1913, two women made history when they testified before the all-white, all-male jury of the Superior Court of Yavapai County in the State of Arizona v. Juan Fernandez murder trial. Mary Woolsey, an elderly Yavapai widow, and Dolores Rodriguez, a Mexican single mother of three, established the legal precedent for allowing non-English-speaking, non-citizen women to testify in state courts in Arizona when many other western states still did not grant such privileges to indigenous residents. Woolsey and Rodriguez showed that Arizona's indigenous population were competent, if somewhat problematic, members of Arizona's body politic, and their historic involvement in the …
Shelby V. Holder: Brief Of Professor Patricia A. Broussard And Famu College Of Law Students As Amici Curiae In Support Of Respondents,
2013
Florida A & M University College of Law
Shelby V. Holder: Brief Of Professor Patricia A. Broussard And Famu College Of Law Students As Amici Curiae In Support Of Respondents, Patricia A. Broussard, Sabrina Collins, Stacy Hane, Akunna Olumba
Amicus Briefs
Shelby County, Alabama v. Eric H. Holder, Jr., In the Supreme Court of the United States, Brief of Professor Patricia A. Broussard, Sabrina Collins, Stacy Hane, Akunna Olumba and Named Students and Organizations of Florida A & M University College of Law as Amici Curiae in Support of Respondents
A State's Obligation To Fund Hormonal Therapy And Sex-Reassignment Surgery For Prisoners Diagnosed With Gender Identity Disorder,
2013
Liberty University
A State's Obligation To Fund Hormonal Therapy And Sex-Reassignment Surgery For Prisoners Diagnosed With Gender Identity Disorder, Rena M. Lindevaldsen
Faculty Publications and Presentations
This article explores whether a state law imposing a flat ban on the use of funds to provide cross-gender hormones or sex-reassignment surgery for prisoners diagnosed with GID satisfies the Eighth Amendment standard of deliberately indifferent to serious medical needs. In other words, the issue is whether it constitutes cruel and unusual punishment for a state to refuse to provide hormones or sex-reassignment surgery to GID prisoners. The district court in Kosilek v. Spencer1 held that it does: the state violated the Eighth Amendment in providing feminizing hormones to Kosilek but refusing to provide him sex-reassignment surgery. Part I …
Warriors, Machismo, And Jockstraps: Sexually Exploitative Athletic Hazing And Title Ix In The Public School Locker Room,
2013
Valparaiso University School of Law
Warriors, Machismo, And Jockstraps: Sexually Exploitative Athletic Hazing And Title Ix In The Public School Locker Room, Susan P. Stuart
Law Faculty Publications
Sexually exploitative athletic hazing on boys’ athletic teams is an increasingly frequent feature in the news. The physical and psychological abuse of younger team members by those who are more senior is not just humiliating but dangerous. Indeed, some athletes are charged with crimes that are committed during hazing activities. More to the point, the features of sexually exploitative hazing have all the earmarks of sexual harassment when team leaders use sexual assaults to keep younger members in their place by feminizing them or otherwise challenging their ability to conform to a hegemonic masculine sports stereotype. Athletic hazing’s part in …
