At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits,
2016
The Catholic University of America, Columbus School of Law
At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez
Catholic University Law Review
Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.
The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church & School …
The Quid Pro Quo Quark: Unstable Elementary Particle Of Honest Services Fraud,
2016
The Catholic University of America, Columbus School of Law
The Quid Pro Quo Quark: Unstable Elementary Particle Of Honest Services Fraud, Brian H. Connor
Catholic University Law Review
From 1946 to 1987, the federal mail fraud statute, 18 U.S.C. § 1341, was a powerful tool for the prosecution of political corruption. In a line of decisions beginning with the Fifth Circuit’s in Shushan v. United States, and ending with the Supreme Court’s decision in McNally v. United States, courts upheld the use of the statute to prosecute officials who had deprived the public of its “intangible right” to the official’s “honest services.” In 1988, after the Supreme Court held this theory unconstitutionally vague in McNally, Congress enacted § 1346, intending to restore “honest services fraud” …
Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause,
2016
The Catholic University of America, Columbus School of Law
Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause, Krista M. Pikus
Catholic University Law Review
Reviewing Establishment Clause jurisprudence of the Supreme Court, this article notes that the current state of this area of law is in hopeless disarray and argues that the Court should resolve this confusion by employing a few proposed solutions. The article begins by reviewing and analyzing the confusion surrounding modern Establishment Clause jurisprudence. The article then discusses what interpretation of the Establishment Clause should be controlling: strict-separationism, nonpreferentialism, enhanced federalism, or the incorporation doctrine. Next, the article details what is wrong with modern establishment clause jurisprudence, namely, the Court’s inconsistent application of different tests to assess government action under the …
The Supreme Court And The Federal Circuit: A Case Of Supervision By Generalists,
2016
The University of Akron
The Supreme Court And The Federal Circuit: A Case Of Supervision By Generalists, Jay Dratler Jr.
Akron Intellectual Property Journal
Many of the "general rules" that the Federal Circuit developed in its effort to simplify patent law turned out to be too crabbed and formalistic to do the job that Jefferson intended. As a result, the Supreme Court has had to step in. In virtually every case where it has done so, the High Court has rejected a narrow, formulaic rule proposed by the Federal Circuit and opted for something more general and flexible.
This paper analyzes some key cases of that sort. In the process, it attempts to answer the question "why"? Why did a specialized court fail to …
The Top Five Supreme Court Nomination Myths,
2016
University of Georgia School of Law
The Top Five Supreme Court Nomination Myths, Paul M. Collins Jr., Lori A. Ringhand
Popular Media
No abstract provided.
Beauty Fades: An Experimental Study Of Federal Court Design Patent Aesthetics,
2016
University of Georgia School of Law
Beauty Fades: An Experimental Study Of Federal Court Design Patent Aesthetics, Dr. Andrew W. Torrance
Journal of Intellectual Property Law
No abstract provided.
What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings,
2016
University of Georgia School of Law
What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
Popular Media
This article in The Conversation on March 21, 2016 and moves beyond the conventional wisdom espoused by Biden, Kagan and others, and presents a strong case for an alternative view of the hearings. Examining every statement made at confirmation hearings from 1939 to 2010, we conclude the hearings are important to the health of American democracy. Based on this, we’d like to see partisan politics pushed aside and Judge Merrick Garland to get a hearing.
How Merrick Garland Could Help Heal America,
2016
William & Mary Law School
How Merrick Garland Could Help Heal America, Jeffrey Bellin
Popular Media
No abstract provided.
History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?,
2016
Fordham University School of Law
History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin
Fordham Urban Law Journal
No abstract provided.
A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains,
2016
Fordham University School of Law
A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig
Fordham Urban Law Journal
The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches. First, in …
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities,
2016
Vanderbilt University Law School
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin
Fordham Urban Law Journal
No abstract provided.
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings,
2016
Fordham University School of Law
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez
Fordham Urban Law Journal
No abstract provided.
Second Amendment Standards Of Review In A Heller World,
2016
George Mason University School of Law
Second Amendment Standards Of Review In A Heller World, Nelson Lund
Fordham Urban Law Journal
No abstract provided.
The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today,
2016
Denver University, Sturm College of Law
The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel
Fordham Urban Law Journal
No abstract provided.
Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done,
2016
Florida State University
Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck
Fordham Urban Law Journal
No abstract provided.
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis,
2016
College of William & Mary
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Fordham Urban Law Journal
No abstract provided.
Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent,
2016
Fordham University School of Law
Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson
Fordham Urban Law Journal
No abstract provided.
Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation,
2016
Fordham Law School
Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook
Fordham Urban Law Journal
No abstract provided.
Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago,
2016
United States Attorney’s Office for the Southern District of New York
Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman
Fordham Urban Law Journal
No abstract provided.
The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms,
2016
Fried, Frank, Harris, Shriver & Jacobson LLP
The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw
Fordham Urban Law Journal
No abstract provided.
