Suchergebnisse

"Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of Originalism as a theory of constitutional interpretation, a political weapon, and an article of faith"--

Students and faculty at public colleges and universities frequently find themselves in conflict with administrators over questions of free speech. Unfortunately, the courts have provided precious little guidance. Lower courts are struggling with a diverse set of issues: the appropriate rules for student protests; which campus spaces constitute open forums for speech and which can be closed off or regulated; how much control administrators can wield over student-invited speakers; and whether or when student online speech can be punished, among many other problems. The Supreme Court has provided virtually no helpful guidance to lower court judges or public college administrators as to how or when the First Amendment limits their discretion. This article provides a helpful forum-based approach to the analysis of many of these questions and proposes specific solutions in the hope of bringing more predictability and stability to this confusing area of constitutional law.

Supreme Court Justice Anthony Kennedy's retirement in June 2018 sent shockwaves throughout America. After Justice Sandra Day O'Connor left the Court in 2005, Justice Kennedy became the Court's all-important swing vote in virtually every important area of constitutional law. His views on affirmative action, abortion, campaign finance reform, free speech, and the separation of church and state (among many other constitutional issues) were the ones that mattered the most among the Justices. Lawyers prepared arguments and filed briefs in the Supreme Court for the main purpose of persuading Justice Kennedy to rule for their clients. He was, quite simply, the most important and powerful judge in the United States. On October 15, 2018, the Georgia State University College of Law, along with the Georgia State University Law Review, held a conference devoted to Justice Kennedy's judicial legacy. Some of this country's most prominent constitutional law professors from all over the political spectrum gathered to discuss and debate many different aspects of Justice Kennedy's thirty-year career, including his unique prose, his status as the Court's swing vote, and his important opinions.

The University of Richmond Law Review presents a symposium on Defining the Constitution's President Through Legal and Political Conflict, which will explore how the American presidency has been shaped by the Obama and Trump administrations through clashes with other branches of the federal government, as well as state attorneys general. 3 MCLE Credits Are Available to Attendees. Free Admission. Breakfast And Lunch Will Be Provided, with a Dessert Reception to Follow. Morning Session 8:00 AM – Registration & BreakfastRegistration and breakfast will be available from 8:00 AM – 9:00 AM in the University of Richmond School of Law Atrium. 9:00 AM – Symposium WelcomeWendy C. Perdue, Dean, University of Richmond School of LawAndrew E. Hemby, Symposium Editor, University of Richmond Law Review 9:05 AM – Keynote AddressMark L. Earley, Sr., former Attorney General of Virginia and Virginia State Senator 9:30 AM – Panel Discussion: Sources of Law for the Constitutional Definition of Executive PowerEric J. Segall, Kathy and Lawrence Ashe Professor of Law, Georgia State University College of LawTuan N. Samahon, Professor of Law, Villanova University Charles Widger School of LawModerator: Kevin C. Walsh, Professor of Law, University of Richmond School of Law 10:30 AM – Break 10:45 AM – Panel Discussion: Scope of Executive PowerAditya Bamzai, Associate Professor of Law, University of Virginia School of LawHenry L. Chambers, Jr., Austin E. Owen Research Scholar & Professor of Law, University of Richmond School of LawModerator: Jud Campbell, Assistant Professor of Law, University of Richmond School of Law 11:45 AM – LunchLunch will be served in the University of Richmond School of Law Atrium & Moody Plaza. Afternoon Session 12:45 PM – Panel Discussion: State Responses to Federal Executive PowerElbert Lin, Former Solicitor General of West VirginiaTrevor S. Cox, Acting Solicitor General of VirginiaJonathan D. Shaub, Assistant Solicitor General, TennesseeModerator: Carl W. Tobias, Williams Professor of Law, University of Richmond School of Law 2:00 PM – Panel Discussion: Congressional Checks on Executive PowerMichael J. Gerhardt, Samuel Ashe Distinguished Professor in Constitutional Law, University of North Carolina School of LawNeal E. Devins, Sandra Day O'Connor Professor of Law, William & Mary Law SchoolModerator: Erin Collins, Assistant Professor of Law, University of Richmond School of Law 3:00 PM – Dessert ReceptionThe dessert reception will be held in the University of Richmond School of Law Atrium.