In 2004, the American Civil Liberties Union ("ACLU") threatened to sue the city of Redlands, CA, if it did not remove a small cross from its city seal. Event similar to this is taking place around the US. Some Americans view this event as victory over governments endorsing a particular religion in violation of the First Amendment's Establishment Clause and attempting to force religion upon their citizens. Others believe that these events are examples of communities being coerced into abandoning all acknowledgment of their religious values and heritage. Debates over this issue have increased recently, especially surrounding the Public Expression of Religion Act ("PERA"). The course of action proposed by this article strikes a balance between the current state of affairs and the one that ...
... Clause cases unless the challenged conduct violates clearly established law. This "clearly es...
.... Current debates are no longer focused on class and power discussio..." and that this is not the best way to conduct business of the government. They see some citizens...
..., that the Petition Clause grants publicemployees in routine disputes with government employers. Pet... require broad authority to supervise the conduct ofpublic employees. "When someone who is paid a sa...n. 153. During the ratification debates, Antifederalistscirculated petitions urging dele...
What if stopping the conflict now means victory for a conquering army; or the triumph of a government bent on mass murder; or the brutal repression of religious minorities; or the survival-in-strength of a militarist or terrorist force that fully intends to renew the fighting? A few years ago, I wrote an article about the "triumph" of just war theory-for when we argue about aggression, military intervention, or the conduct of battle, we regularly use the language of just war.\n11 Now, if those deaths were all soldiers (fighters or militants) on either side, a ratio like that would simply be a sign of military victory, the deaths regrettable but probably not immoral. If we are able to accomplish that, and if we assign responsibility clearly and firmly, so our judgments have political c...
...Following debates in London, the decision was made to bomb the plant... judgments have political consequences (in public opinion, United Nations resolutions, intellectual ...
...She then argues that the debates over the scope of federal jurisdiction in the Judi... complete security against invasions of the public liberty by the national authority." (44) Second, t... should do and how she would affect its conduct." (210) Kagan therefore recommends probing inquiry...
This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
..."? Read literally, § 1346 criminalizes conduct ranging from a mayor using his influence to get a ... constant in the various corporate law debates,"37 functions especially to control managers' oppo...
... norm entrepreneurs have clashed in debates over voluntary versus binding standards, norm maki..., concerns over the human rights-related conduct of agents other than states have been growing sinc...Publications by international human rights NGOs such as Global ...
... Citizens Clean Elections Act created a public financingsystem to fund the primary and general el... aninitial outlay of public funds to conduct their campaign. They arealso granted additional m... 274 (quotingJames Madison in 4 Elliot's Debates on the Federal Constitution 569-570 (1876)). No ...
...Defamation: Dignity and Reputation 2. Public Recognition and Respect a. Sexuality and Gender: D...'s appearance in the status of one conducting his own defense is important in a criminal trial, .... 3. Ordered Liberty . In debates over incorporation of fundamental liberties under ...
... to strike down an expressly race-based public school admissions policy intended to preserve scho... debate does not originate in Brown but in debates over what it means to interpret the Equal Protecti...What aspects of the City's conduct were unlawful? Some read the decision as holding t...
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