Brown (52%) wins U.S. Senate Seat over Coakley (47%)

Oakland: Should a 96-Year-Old Proposition 8 Supporter Lose a Public Post?

Same-sex “marriage” case, Day 6: Civil unions

    The Bay Area, New York Times: “Brian Raum, the senior lawyer for the Alliance Defense Fund, handled the cross-examination for the defense. His questions explored whether it is possible to be against same-sex marriage and not be motivated by prejudice. Specifically, Mr. Raum asked questions about the mayor’s former support of civil unions. ‘You didn’t think that was a hostile position to the gay and lesbian community,’ Mr. Raum said. ‘You don’t believe that you communicated hatred to the gay and lesbian community, did you?’ ‘I feel like my thoughts were grounded in prejudice, but I don’t feel like I communicated hatred,’ Mr. Sanders said. Mr. Raum, in his questioning, pointed out that many California voters had cast ‘good-faith’ votes against Proposition 8, in the belief that civil unions were a proper alternative.”


  • Posted: 01/19/2010
  • |
  • Category: ADF in the News
  • |
  • Source: bayarea.blogs.nytimes.com

  • Tags: , , , ,

Judge Walker’s wild witchhunt—Part 2

    Ed Whelan: “In other words, rather than decide whether the traditional definition of marriage necessarily reflects an irrational animus against homosexuals, Walker is purporting to conduct a factual determination of the subjective intentions of the more than seven million California voters who supported Proposition 8 . . . Given how insane and unworkable Judge Walker’s factual inquiry into voter animus is, it should be no surprise that it’s contrary to established precedent.”


  • Posted: 01/19/2010
  • |
  • Category: Featured
  • |
  • Source: bench.nationalreview.com

  • Tags: , , ,

UK: BA worker appeals over cross ruling

Indiana: State Senator authors “sexting” bill

The British media’s trouble with religion

    Alan Wilson writing in The Guardian: “[T]he fact that a whole range of religious leaders representing every major tradition in the UK feel chronically misunderstood must mean something . . . But it’s almost impossible for central figures in the media establishment to take such phenomena seriously, perhaps because when they were at public school many of them had religion all sewn up around about the fourth year. The kind of people they dine with just don’t do that sort of thing. It’s obvious that sneering is a suitable substitute for analysis. That’s all there is to it.”


  • Posted: 01/19/2010
  • |
  • Category: Global: Miscellaneous
  • |
  • Source: www.guardian.co.uk

  • Tags: , , ,

Case dismissed: Man arrested for touching grass after sharing Gospel exonerated

German Christian homeschoolers may be granted political asylum

Cuba performing state-sponsored sex change surgery

Increasingly, couples are saying ‘I don’t’

Hawaii Faces Same-Sex Civil Unions Vote Today

Doug Napier on AFR Focal Point: Update on the Cal. marriage trial

Ohio: New sex toys shop worries council, watchdog group

TN: ACLU claims schools illegally promoted religion

Forced Recantations of Faith Continue in Vietnam

Prop. 8 trial Day 6: Live coverage from the courtroom

Maryland: Bill would ban marriage redefinition

The Supreme Court’s Cult of Celebrity

    Volokh Conspiracy: “The 1987 confirmation fight over Robert Bork gave political salience to the dispute between originalism and living constitutionalism as interpretive methods. Within the academy, that dispute continues, with endless nuances, qualifications, and elaborate theoretical frameworks on both sides. Judging from subsequent confirmation proceedings, however, the debate is no longer relevant to judicial appointments. Nominees of both parties now present themselves as modest and humble servants of the law, respectful of existing precedent and without a desire to move the law in any particular direction. Most Senators on both sides of the aisle accept this as the proper model for judging, and the only real question now seems to be whether a given nominee is sincerely pledging allegiance to the accepted ideal . . . ”


  • Posted: 01/19/2010
  • |
  • Category: Bench & Bar
  • |
  • Source: volokh.com

  • Tags: ,

Lone Republican to Back House Health Care Bill Opposes Pro-Abortion Senate Bill

Skelton opposes repeal of ‘Don’t ask, don’t tell’

Turkey blocking 3,700 websites

Campaign finance ruling likely imminent

Nigeria religious riots ‘kill scores’ in Jos

What Internet? China region cut off 6 months now

“Sexting” sends another message

House Members Say Senate’s Pro-Abortion Health Care Bill Won’t Get Support

UK: Church to vote on greater rights for partners of “gay” clergy

China’s “gay” rights revolution

Recruiting woes elude easy fixes

    National Law Journal: “. . . Criticism of the campus-based law firm recruiting model isn’t new, but the havoc the floundering economy has wreaked on law firm hiring and the push by law schools to move recruiting into late summer has prompted some law firm recruiters to pronounce the system broken. In response, the National Association for Law Placement (NALP) has proposed adoption of a nationwide offer kickoff date in January. Law firms would not be able to extend any summer associate offers until that time . . . ”


  • Posted: 01/19/2010
  • |
  • Category: Bench & Bar
  • |
  • Source: www.law.com

  • Tags: ,

Catholic Medical Association: Press release on Coakley hostility to conscience rights

Circus Trial Begins Over Proposition 8

Amendment bid aims to stop “gay marriage” in N.H.

“In today’s economics of marriage, it’s a man’s world”

    USA Today: “‘Marriage is a different deal than it was 40 years ago,’ says Pew economist Richard Fry, a co-author of the study. ‘Typically, most wives did not work, so for economic well-being, marriage penalized guys with more mouths to feed but no extra income. Now most wives work. For guys, the economics of marriage have become much more beneficial.’”


  • Posted: 01/19/2010
  • |
  • Category: Marriage & Family
  • |
  • Source: www.usatoday.com

  • Tags: ,

Malaysian fails to overturn sodomy ban

Commandments reposted on Ky. courthouse walls

A rebuttal to Theodore Olson

    Jeffrey Lord responds to Olson’s “Conservative Case for Gay Marriage” in The American Spectator: “The fact that Olson seeks to impose the values of a handful of elite lawyers and judges on the people of California when they have made their views not only plain but constitutionally plain under the law is what concerns. Mr. Olson’s ‘lifetime of exposure to persons of different backgrounds, histories, viewpoints, and intrinsic characteristics” is apparently limited to a resulting sympathy for gays . . . [I]t seems inescapable here that Olson has erred. If he has the passion he expresses for gay marriage, then his time would be more constructively spent for his cause convincing the voters of California and indeed other states. Seek consensus, convince, persuade, make the case. But, outstanding lawyer or not, resist the temptation to ‘resolve’ this by judicial fiat.’”


  • Posted: 01/19/2010
  • |
  • Category: Marriage & Family
  • |
  • Source: spectator.org

  • Tags: , , , ,

Chaos at Phoenix strip club ends with man dead

Phyllis Schlafly: Why Kids Don’t Do Well in School

    Phyllis Schlafly writes at Townhall: “In a moment of exasperation, the teacher blurted out this question to the native-born students: ‘Why don’t you guys study like the kids from Africa?’ One of them shot back the answer. The kid replied, ‘It’s because they have fathers who kick their butts and make them study.’ Another student called out, ‘Ask the class, just ask how many of us have our fathers living with us.’”


  • Posted: 01/19/2010
  • |
  • Category: Marriage & Family
  • |
  • Source: townhall.com

  • Tags:

Parents rage at Albany over charter-busting bill

Prop. 8 trial looks at personal, social changes

Seat of democracy says “no” to public vote

Test your knowledge of Roe v. Wade

Ohio high schoolers fight back against bullying by Freedom from Religion Foundation

Online threats pose risk to Rifqa

India’s Supreme Court Refuses To Order Constitution Amended To Clarify Status of Sikhs

Letters: ACLU bullies Christians

A Large Cast Shares Spotlight at Proposition 8 Trial

3rd Circuit Panel Mulls if Teen ‘Sexting’ Is Child Pornography

Indiana Senate Judiciary to consider marriage amendment tomorrow

Catholic Medical Association: Coakley denies freedom of conscience, right to life

Prop 8 trial, Day 5 summary: prof says children don’t need mom, dad

ADF update on Prop 8 trial: Behind the scenes

Savvy marketing surrounds Prop. 8 trial

NY Prison Chaplain Administrator Charges Discrimination

“Same-sex marriage judge dealt with other gay cases”

Report: More men get economic boost from marriage

    “Historically, marriage was the surest route to financial security for women. Nowadays it’s men who are increasingly getting the biggest economic boost from tying the knot, according to a new analysis of census data.”


  • Posted: 01/19/2010
  • |
  • Category: Featured, Marriage & Family
  • |
  • Source: hosted.ap.org

W.Va. lawmaker questions health care cost figures

Religious violence erupts again in central Nigeria

Law Review: Legal Research as a Fundamental Skill

    Sarah Valentine, Legal Research as a Fundamental Skill: A Lifeboat for Students and Law Schools (January 10, 2010). University of Baltimore Law Review, Vol. 39, pp. 175-227, Winter 2009. Available at SSRN: http://ssrn.com/abstract=1537871

    “This article argues that current legal research education is dangerously deficient and demonstrates how it can be reconceptualized to become a synergistic first year course that supports the learning of doctrine and legal analysis, as well as necessary research skills in accordance with recent suggestions by the ABA, the authors of the Carnegie Report, and other legal commentators.”


  • Posted: 01/19/2010
  • |
  • Category: Bench & Bar
  • |
  • Source: ssrn.com

  • Tags: , ,

Law Review: Neuroscience and the Free Exercise of Religion

    Steven Paul Goldberg, Neuroscience and the Free Exercise of Religion (January 15, 2010). LAW AND NEUROSCIENCE: CURRENT LEGAL ISSUES, M. Freeman, ed., Oxford University Press, 2010; Georgetown Public Law Research Paper No. 1537355. Available at SSRN: http://ssrn.com/abstract=1537355

    “Recent developments in neuroscience that purport to reduce religious experience to specific parts of the brain will not diminish the fundamental cultural or legal standing of religion. William James debunked this possibility in The Varieties of Religious Experience (1902) when he noted that ‘the organic causation of a religious state of mind’ no more refutes religion than the argument that scientific theories are so caused refutes science. But there will be incremental legal change in areas like civil commitment where judges must sometimes distinguish between mental disorder and religious belief. The paradox is that the ecstatic religious experience of unorthodox individuals will fare less well in the courts than the beliefs of conventional groups, which is precisely the opposite of James’ view of authentic religious life.”


  • Posted: 01/19/2010
  • |
  • Category: Religious Liberty
  • |
  • Source: ssrn.com

  • Tags: ,

Law Review: Judges Richard Posner, Henry Friendly, and Roger Traynor on Judicial Lawmaking

    Edmund Ursin, How Great Judges Think: Judges Richard Posner, Henry Friendly, and Roger Traynor on Judicial Lawmaking (2009). Buffalo Law Review Vol. 57, July 2009; San Diego Legal Studies Paper No. 10-008. Available at SSRN: http://ssrn.com/abstract=1537316

    “In his 2008 book, How Judges Think, Judge Richard Posner has written that in the ‘open area,’ where conventional legal materials – the Constitution, statues and prior decisions – ‘fail to generate acceptable answers to . . . legal questions that American judges are required to decide, judges perforce have occasional – indeed rather frequent – recourse to other sources of judgment, including their own political opinions or policy judgments.’ At these times judges ‘are legislators as well as adjudicators.’

    This Article demonstrates that this is a view that was shared by two of the great judges of the twentieth century: Roger Traynor and Henry Friendly. And it is a perspective that places each of these judges at odds with the dominant jurisprudential movements of their respective eras – the legal process school in Traynor’s and Friendly’s case and the moral, constitutional, jurisprudential, and formalist (including originalist) theorists in Posner’s. The theorists, in other words, are out of touch with the reality of judicial lawmaking as it has been understood, and articulated, by the great judges who have shaped, and are continuing to shape, our law.

    Unlike the theories of many, if not most, contemporary academics, the perspective shared by Traynor, Friendly, and Posner is not liberal or conservative – as can be seen in the vastly different ideologies of Traynor and Posner. And it is not original. It is the framework articulated by our greatest judge, Oliver Wendell Holmes.”


  • Posted: 01/19/2010
  • |
  • Category: Bench & Bar
  • |
  • Source: ssrn.com

  • Tags: , ,

Law Review: Internationalization of Public Law

    Ton Van den Brink, Internationalization of Public Law; Getting Grip of a Concept and Its Consequences (January 15, 2010). European Review of Public Law, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1537217

    “This article focuses on the concept of internationalization of public law from a legal perspective. Public law is progressively subject to international influences. How to interpret this process, or even how to define it, is not that obvious. Internationalization may refer to different levels (conceptual, practical), different aspects (relevant actores, areas) or different points of view (national, international, citizens). Effects in and of national legal systems include processes of convergence and cross-fertilization. Also aspects of legitimacy, accountability and transparency are affected by internationalization. National legal orders provide for various coping mechanisms to deal with the effects of internationalization, such as ratification procedures for the approval of international treaties and – increased – involvement of states in international decision making procedures. Such coping mechanisms do, however, not always fully compensate for the negative effects of internationalization.”


  • Posted: 01/19/2010
  • |
  • Category: Global: Bench and Bar
  • |
  • Source: ssrn.com

  • Tags: , , ,

Law Review: Partial Constitutional Text, Religion, and Maintaining Our Political Order

    Bruce Garen Peabody, Analogize This: Partial Constitutional Text, Religion, and Maintaining Our Political Order (January 15, 2010). Cardozo Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1537141

    “In this essay, I respond to a debate between Geoffrey Stone, Seth Barrett Tillman, Alan Brownstein, and others about the complex relationships between the authors of the 1787 Constitution, contemporaneous religious practices and beliefs, and the enterprise of constitutional interpretation and textual exegesis. I identify religion and other ‘partial’ constitutional phenomena as concepts alluded to in the Constitution but not given a more complete, direct articulation. In order to describe our political system accurately, and sustain the general project of constitutionalism, we need to understand partial constitutional text by adopting a somewhat novel hermeneutic approach. First, we should assume a somewhat abstracted and ahistorical ‘framer’s perspective’ that contrasts rather sharply with the ‘Framer’s intention’ or ‘originalist’ stance holding such a prominent place in today’s constitutional analysis. Second, in reconciling religion and God as concepts incompletely contained within our supreme law, we need to consider the power and utility of constitutional analogies.”


  • Posted: 01/19/2010
  • |
  • Category: Religious Liberty
  • |
  • Source: ssrn.com

  • Tags: , , ,