The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Monday, November 28, 2005
Judge Friendly's Unpublished Opinion
In the first abortion rights case ever filed in federal court. Judge Randolph of the D.C. Circuit discusses this interesting historical "what if" in the Barbara K. Olson Memorial Lecture. Here is a link.
Thursday, November 17, 2005
EXAM INFO--IMPORTANT!!!
Since the exam is CLOSED BOOK, the essay portion of your exam must be typed on your laptop (or lab computer).
You will need to load the latest version of EXAM 4 which should be available about a week before exams begin.Check with Dean Pierce or Vicki Lill if you have any questions about Exam 4 software. If you need to use a lab computer, please see Vicki ASAP to reserve one for the day of the exam.
Remember, our next class will be Wed. Nov.30, when we will have a question/review session for those who wish to attend.
You will need to load the latest version of EXAM 4 which should be available about a week before exams begin.Check with Dean Pierce or Vicki Lill if you have any questions about Exam 4 software. If you need to use a lab computer, please see Vicki ASAP to reserve one for the day of the exam.
Remember, our next class will be Wed. Nov.30, when we will have a question/review session for those who wish to attend.
Terri Schiavo & Rights of Disabled
An interesting article, written by Nat Hentoff and published by the Council for Secular Humanism, noting that "twenty-nine national disability-rights organizations... filed legal briefs and lobbied Congress to demonstrate that Terri Schiavo's was a disability-rights case, not a right-to-die case. They included the National Spinal Cord Injury Association; the National Down Syndrome Congress; the World Association of Persons with Disabilities; and the largest American assembly of disability-rights activists, the American Association of People with Disabilities." If you are interested, the article can be found at this link.
Monday, November 14, 2005
Judge Alito: "Free Speech Libertarian"
Prof. Eugene Volokh has an article at WSJ online about Judge Alito's views of the First Amendment. Click here.
Friday, November 11, 2005
The New "Chief"
Linda Greenhouse has a great article in the New York Times about the impact of the new Chief Justice, John Roberts, on the culture of the Supreme Court.
Tuesday, November 08, 2005
Censoring Narnia
Con Law II preview!
Here is a press release about an interesting attempt by Americans United to censor the reading of The Lion, the Witch and the Wardrobe in public schools:
Here is a press release about an interesting attempt by Americans United to censor the reading of The Lion, the Witch and the Wardrobe in public schools:
SCOTTSDALE, Ariz. - Attorneys with the Alliance Defense Fund say they will offer free legal representation to any Florida schools threatened with lawsuits for participating in the governor's reading contest involving The Lion, the Witch, and the Wardrobe by C.S. Lewis.
On Oct. 20, Americans United for Separation of Church and State issued a press release condemning Gov. Jeb Bush's "Just Read, Florida!" campaign, which this year encourages public school students to read the Lewis novel in conjunction with the release of the Disney movie based on the book Dec. 9. AUSCS claims this year's campaign is designed "to promote a religious story."
"The governor's campaign is clearly designed to promote reading in conjunction with a much-anticipated film; it is not designed to promote religion," said ADF Senior Counsel Gary McCaleb. "ADF will defend any school district in the nation that gets sued by AUSCS, the ACLU, or any other group for having students read The Lion, the Witch, and the Wardrobe, as long as the school allows students to opt out of reading it if they or their parents don't want to."
According to the 2001 executive order establishing the "Just Read, Florida!" program, the campaign is "a comprehensive, coordinated reading initiative aimed at helping every student become a successful, independent reader." Nonetheless, AUSCS called it "an offense to the First Amendment."
Saturday, November 05, 2005
Tuesday, November 01, 2005
Good Alito Links
The University of Michigan Law Library has posted numerous links to information on Judge Alito and his record. Click here.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...