A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers,
2012
Chicago-Kent College of Law
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
Chicago-Kent Law Review
As a number of commentators have observed, the Supreme Court's record in adjudicating the free exercise claims of religious minorities—in particular, unfamiliar and unpopular religious minorities—is vulnerable to the critique that the Court's rhetoric and, at times, the Court's holdings demonstrate an inability or unwillingness to look beyond majoritarian religious perspectives. Building on this scholarship, this article analyzes the Court's adjudication of Establishment Clause cases in the context of different religious perspectives, including those of religious minorities, religious minorities, and nonbelievers.
In exploring these questions, this article traces the Court's Establishment Clause jurisprudence through several decades, examining a number of …
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment,
2012
Louisiana State University Law Center
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Journal Articles
Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …
Congress, The Constitution, And
Supreme Court Recusal,
2012
Washington and Lee University School of Law
Congress, The Constitution, And Supreme Court Recusal, Louis J. Virelli Iii
Washington and Lee Law Review
Recusal is one of the most hotly contested issues facing the Supreme Court. From the wide-ranging debate over Supreme Court recusal, however, a singular theme has emerged: Congress must do more to protect the integrity and legitimacy of the Court by regulating the Justices’ recusal practices. Herein lies the problem. Rather than solve the puzzle of Supreme Court recusal, direct congressional regulation has created an impasse between Congress and the Court that has consequences for the reputation, efficacy, and legitimacy of both Branches. In a precursor to this Article, I recast the issue of Supreme Court recusal as a constitutional …
Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions,
2012
University of Michigan Law School
Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum
Michigan Law Review
A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court …
Naim V. Naim,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever, A. Christopher Bryant
Nevada Law Journal
No abstract provided.
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory,
2012
Vanderbilt University Law School
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance can amount to a Fourth Amendment search. If adopted by the Court, this notion sometimes called "mosaic theory"-could bring about a radical change to Fourth Amendment jurisprudence, not just in connection with surveillance of public movements-the issue raised in Jonesbut also with respect to the government's increasingly pervasive record-mining efforts. One reason the Court might avoid the mosaic theory is the perceived difficulty of implementing it. This article …
The Constitutionality Of Federal Jurisdiction-Stripping Legislation And The History Of State Judicial Selection And Tenure,
2012
Vanderbilt University Law School
The Constitutionality Of Federal Jurisdiction-Stripping Legislation And The History Of State Judicial Selection And Tenure, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal constitutional claims and thereby leave those claims to be litigated in state courts alone. Such a divestiture is known today as “jurisdiction stripping,” and, despite literally decades of scholarship on the subject, scholars have largely been unable to reconcile two widely held views: jurisdiction stripping should be unconstitutional because it deprives constitutional rights of adjudication by independent judges and jurisdiction stripping is nonetheless perfectly consistent with …
Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community,
2012
University of Virginia School of Law
Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community, Deborah Hellman
Cardozo Law Review
No abstract provided.
The European Convention On Human Rights And National Constitutional Reordering,
2012
Yale Law School
The European Convention On Human Rights And National Constitutional Reordering, Alec Stone Sweet
Cardozo Law Review
No abstract provided.
The Constitutional Subject And Its Identity: My German Experience,
2012
Humboldt University Berlin
The Constitutional Subject And Its Identity: My German Experience, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Civil War, Ceasefire, Constitution: Some Preliminary Notes,
2012
NYU School of Law
Civil War, Ceasefire, Constitution: Some Preliminary Notes, Sujit Choudhry
Cardozo Law Review
No abstract provided.
Constitutional Patriotism Beyond The Nation-State: Human Rights, Constitutional Necessity, And The Limits Of Pluralism,
2012
Princeton University
Constitutional Patriotism Beyond The Nation-State: Human Rights, Constitutional Necessity, And The Limits Of Pluralism, Jan-Werner Müller
Cardozo Law Review
No abstract provided.
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics,
2012
Benjamin N. Cardozo School of Law
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited,
2012
University of Connecticut School of Law
Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited, Peter L. Lindseth
Cardozo Law Review
No abstract provided.
May 30, 2012: Seeger—An Extraordinary Case,
2012
Duquesne University
May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “Seeger—an Extraordinary Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Association For Civil Rights In Israel V. Israel Police,
2012
Supreme Court of Israel
Association For Civil Rights In Israel V. Israel Police, Dorit Beinisch, Asher Grunis, Miriam Naor, Esther Hayut, Hanan Melcer, Eliezer Rivlin, Edna Arbel
Translated Opinions
This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
Petitions concerning the constitutionality of some of the arrangements prescribed in the scope of the Criminal Procedure Act (Powers of Enforcement – Communications Data), 5768-2007, which came into effect on June 27, 2008 (hereinafter referred to as “the Communications Data Act” or “the Act”) and enables the Israeli investigatory authorities to obtain communications data from all the communications companies – the various cellular or …
Hammer V. Amit,
2012
Supreme Court of Israel
Hammer V. Amit, Eliezer Rivlin, Dorit Beinisch, Asher Grunis, Miriam Naor, Edna Arbel, Salim Joubran, Elyakim Rubinstein
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
This opinion is a result of cases joined together in order for the Court to resolve the general questions regarding the cause of action known as “wrongful birth”. This issue arises when a person born with a congenital disability claims that careful conduct by petitions – usually medical professionals who treated the pregnant mother – would have entirely prevented that person’s birth. Two distinct …
May 27, 2012: Happy Memorial Day,
2012
Duquesne University
May 27, 2012: Happy Memorial Day, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Memorial Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 24, 2012: What Is The Right Term For Nonmembers Of Organized Religion?,
2012
Duquesne University
May 24, 2012: What Is The Right Term For Nonmembers Of Organized Religion?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Is the Right Term for Nonmembers of Organized Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
