Baptist Press: “Dr. Yin-Kann Wen has a distinguished career as an economic scholar, including 20 years serving as a senior economist at the World Bank . . . By following the money trail, Dr. Wen can clearly see the ‘dangerous direction’ in which America is headed. He believes our current course began with the rejection of God’s financial principles that warn against debt and overconsumption.”
- Posted: 09/15/2010
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- Category: Marriage & Family
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- Source: www.bpnews.net
- Tags: Topic: Economics, Topic: Economy
ACLU: “The American Civil Liberties Union and the New York Civil Liberties Union (NYCLU) filed a friend of the court brief today in a case challenging a government policy that requires private organizations that receive federal funding for HIV/AIDS prevention to explicitly state that they oppose prostitution and sex trafficking. The ACLU is challenging this policy on the grounds that it restricts the free speech rights of private organizations and poses significant obstacles to groups working with vulnerable populations to contain the HIV/AIDS pandemic.” ACLU brief in AOSI vs. USAID.
- Posted: 09/15/2010
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- Category: Miscellaneous
- Tags: Group: American Civil Liberties Union (ACLU), State: New York, Topic: Pornography, Topic: Prostitution, ZZ: AOSI vs. USAID
California Family Council: “Now, with boldness and power, millions of students plan to gather at their school flagpoles on September 22 – to PRAY for their schools, for their teachers, for classmates, and for their communities.” | SYATP website
- Posted: 09/15/2010
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- Category: Religious Freedom
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- Source: www.californiafamilycouncil.org
- Tags: Category: Religious Freedom, Group: California Family Council, State: California, Topic: Education, Topic: Prayer, Topic: See You at the Pole
Congratulations to allied attorneys William Becker, Jim Bopp, Dan Dalton, Ted Hoppe, Brian Hurley, John Mauck, Steven O’Ban, and Randy Wenger for their recent accomplishments and successes listed below. Please take time to congratulate them!
- Posted: 09/15/2010
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- Category: ADF in the News
- Tags: ADF: Allied Attorney Update, ZZ: Family PAC v. McKenna, ZZ: McCauley v. University of the Virgin Islands, ZZ: Paeth v. Worth Township
CBN News (video): “Steven Aden, senior legal counsel with the Alliance Defense Fund, discussed the immediate impact of the ruling and more on the Friday, September 10 edition of CBN Newschannel’s Morning program.”
- Posted: 09/15/2010
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- Category: ADF in the News
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- Source: www.cbn.com
- Tags: ADF: Media Clips, ADF: Multimedia, ADF: Steven H. Aden, Alliance Defense Fund, Category: Sanctity of Life, Court: DC Circuit, Group: Advocates International, Topic: Bioethics, Topic: Department of Health and Human Services (HHS), Topic: Embryonic Stem Cell Research, ZZ: Facebook, ZZ: Sherley v. Sebelius
LifeNews: “‘Christine O’Donnell’s win, combined with the successes of Carly Fiorina and Sharron Angle, continues building momentum for 2010 to be remembered as the “Year of the Pro-life Woman,”‘ SBA List president Marjorie Dannenfelser told LifeNews.com. ‘Christine O’Donnell’s come-from-behind victory is evidence that voters across America are hungry for conservative pro-life candidates.’ Meanwhile, in the New Hampshire Republican Senate primary, two pro-life candidates are separated by less than one percent in their bid to keep the seat of Republican Sen. Judd Gregg, who is pro-life.”
- Posted: 09/15/2010
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- Category: Sanctity of Life
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- Source: www.lifenews.com
- Tags: Category: Sanctity of Life, Group: Susan B. Anthony List, State: Delaware, State: New Hampshire, Topic: Abortion, Topic: Elections, Topic: Politics
Greg Gutfeld writing at Big Hollywood: “On the CBS Early Show, Nancy Cordes portrayed O’Donnell as weird, because she quote, ‘crusaded for abstinence and against porn.’ Christine also wrote that ‘when a married person uses pornography, it compromises the spouse’s purity’ . . . is it really that fringy to say porn screws up relationships? Look, everyone over 30 knows that. You don’t need ANY religion to make that conclusion. And if you believe that porn is harmless, then clearly you’ve only dabbled in it.”
- Posted: 09/15/2010
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- Category: Miscellaneous
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- Source: bighollywood.breitbart.com
- Tags: State: Delaware, Topic: Elections, Topic: Media, Topic: Politics, Topic: Pornography
Jason Mazzone writing at Balkinization: “With respect to nominations to the appellate courts, Obama has done very well. 10 Obama nominees have been confirmed to the federal circuit courts to date. At the same point in George W. Bush’s presidency (September 13, 2002), 13 of his nominees had been confirmed to the circuit courts. Going up the ladder, Obama has also placed two justices on the Supreme Court. George W. Bush secured appointments of two Supreme Court justices but not until his second term in office. I don’t know how many circuit court judges a Supreme Court justice is worth (five? ten?) but whatever the number, Obama has outpaced Bush at the appellate level overall.” Via Orin Kerr at The Volokh Conspiracy.
- Posted: 09/15/2010
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- Category: Bench & Bar
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- Source: balkin.blogspot.com
- Tags: Category: Bench and Bar, Court: U.S. Supreme, Topic: White House
Andreas Follesdal, The Legitimacy of International Human Rights Review: The Case of the European Court of Human Rights (December 1, 2009). Journal of Social Philosophy, Vol. 40, No. 4, pp. 595-607, Winter 2009. Available at SSRN: http://ssrn.com/abstract=1652238
“The literature concerning judicial review reveals a long list of misgivings of such constraints on domestic democratic decision making. Of concern here are some of the principled objections against the practice of international judicial review of human rights, using the European Court of Human Rights (ECtHR) as a suitable case.”
- Posted: 09/15/2010
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- Category: Global: Bench and Bar
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- Source: ssrn.com
- Tags: Category: Global, Court: European Court of Human Rights, Global: Bench and Bar, Topic: Council of Europe, Topic: International Law, Topic: Legal Periodicals
International Law Reporter: “Jonathan G.S. Koppell (Arizona State Univ. – Public Affairs) has published World Rule: Accountability, Legitimacy, and the Design of Global Governance (Univ. of Chicago Press 2010). Here’s the abstract: . . . ‘Analyzing four aspects of GGO organization in depth—representation and administration, the rulemaking process, adherence and enforcement, and interest group participation—Koppell describes variation systemically, identifies patterns, and offers explanations that link GGO design to the fundamental challenge of accountability in global governance.’”
- Posted: 09/15/2010
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- Category: Global: Miscellaneous
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- Source: ilreports.blogspot.com
- Tags: Category: Global, Global: Miscellaneous, Topic: International Law
Prabhakar Singh, How Should the Third World See Constitutionalism in International Law? (July 20, 2010). Available at SSRN: http://ssrn.com/abstract=1645720
“A survey of international law scholarship throws up three kinds of approaches: constitutional, pluralistic and global administrative law (GAL). What is there for the Third World to choose? Both international law and constitutional law are colonial gifts. India in particular and Third World in general is slightly obsessed with a constitutional imagery as seen in the India-Quantitative Restriction Case at the World Trade Organisation (WTO). Therefore, it depends; Chimni approaches GAL from a Third World perspective (TWAIL) whereas Koskenniemi prefers constitutionalism. Constitutional vocabularies are often used to address the United Nations (UN) Charter, the WTO, and the European Union (EU). The diversity of legal regimes presents a problem of harmonisation within the monism-dualism ideology of international law. With the increasing assertion of the EU as a strong dualist normative laboratory, new scholarship is replacing constitutionalism by pluralism as the preferred but defensive ideology – the definition of constitutionalism stands upside down now. After the European Court of Justice (ECJ)’s Kadi judgement, pluralism and constitutionalism stand in opposite camps. This paper attempts to address this international constitutional confusion. It ends on an open note: there are issues that cannot be concluded and constitutionalism as an ideology remains, as is often the case, a non-concluded question for an eternally observing Third World.”
- Posted: 09/15/2010
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- Category: Global: Bench and Bar
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- Source: ssrn.com
- Tags: Category: Global, Global: Bench and Bar, Topic: International Law
ACLU: “Through its Leading Freedom Forward campaign, the ACLU raised $407 million over the last five years, far surpassing its original goal of $250 million. The campaign was launched in January 2005 with the goal of raising $100 million in cash gifts and $150 million in planned giving. To date, the campaign has raised over $150 million in cash gifts and over $250 million in planned giving, including a $13 million contribution from Joan and Irwin Jacobs and a $12 million contribution and an additional challenge grant from George Soros’ Foundation, the Open Society Foundation. The campaign secured some of the largest gifts ever made to the organization, some of which were the most significant gifts donors had ever made to any organization.”
- Posted: 09/15/2010
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- Category: Miscellaneous
- Tags: Group: American Civil Liberties Union (ACLU)
Timothy Sandefur writing at National Review Online: “Franklin Roosevelt’s clash with the Supreme Court is one of history’s greatest legal dramas, but it has generated an unfair and misleading mythology. In this legend, the Court greeted the New Deal with a blast of reactionary decisions in 1935 and 1936 . . . to which Roosevelt retaliated by threatening to pack the Court with a new, more loyal majority of justices . . . This account further holds that the justices opposing Roosevelt — the “Four Horsemen”: George Sutherland, Willis Van Devanter, James McReynolds, and Pierce Butler — were wedded to the cruel, sink-or-swim philosophy of Social Darwinism . . . Attorney Dean Alfange came closer to the truth when he wrote in 1937 that the New Deal’s ‘one guiding principle’ was ‘wholesale and pervasive governmental interference with all branches of private business,’ which required a ‘readjustment of constitutional values.’”
- Posted: 09/15/2010
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- Category: Bench & Bar
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- Source: www.nationalreview.com
- Tags: Category: Bench and Bar, Court: U.S. Supreme, Topic: Economics, Topic: Economy, Topic: History, Topic: Jurisprudence, Topic: White House
CNBC: “A new study obtained by CNBC says Americans are $6.6 trillion short of what they need to retire. The study, conducted by Boston College’s Center for Retirement Research, says savings have been squeezed by declines in stock and housing values.”
- Posted: 09/15/2010
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- Category: Miscellaneous
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- Source: www.cnbc.com
- Tags: Topic: Economics, Topic: Economy
George Stephanopoulos writing at ABC News: “The Republican nominee for the Delaware Senate seat fired back at Karl Rove today for what she called ‘un-factual’ accusations about her record. ‘Everything that he is saying is un-factual. And it’s a shame because he is the same so-called political guru that predicted I wasn’t going to win. And we won and we won big,’ Christine O’Donnell told me this morning. ‘So I think, again, he is eating some humble pie and he is just trying to restore his reputation.’”
- Posted: 09/15/2010
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- Category: Miscellaneous
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- Source: blogs.abcnews.com
- Tags: State: Delaware, Topic: Congress, Topic: Elections, Topic: Politics
The Washington Examiner has excerpts from “Mad as Hell: How the Tea Party Movement is fundamentally remaking our two-party system” by Scott Rasmussen and Douglas Schoen: “The Tea Party movement has become one of the most powerful and extraordinary movements in recent American political history. It is as popular as both the Democratic and Republican parties. It is potentially strong enough to elect senators, governors and congressmen. It may even be strong enough to elect the next president of the United States — time will tell.”
- Posted: 09/15/2010
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- Category: Miscellaneous
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- Source: www.washingtonexaminer.com
- Tags: Topic: Elections, Topic: Politics
ADF Attorney David French writing at Speak Up Movement / University: In the aftermath of CLS v. Martinez, we’ve been seeing quite a bit of discussion about ‘deference’ — the idea that courts should give public universities wide room to make its own decisions. As Charlotte Allen so ably noted, a distorted concept of deference has been applied to ratify extreme forms of viewpoint discrimination and is now being used to try to insulate even speech codes from constitutional scrutiny.
- Posted: 09/15/2010
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- Category: ADF in the News
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- Source: blog.speakupmovement.org
- Tags: ADF: David French, ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, Group: Foundation for Individual Rights in Education (FIRE), Topic: Colleges, Topic: Education, ZZ: Barnes v. Zaccari, ZZ: Christian Legal Society v Martinez
Meghan Duke writing at First Things: “The three-page email was dated May 4, nearly a month earlier. The subject line was ‘Utilitarianism and Sexuality.’ Howell had sent it late that evening to help his students prepare for the essay question on the final exam in his Introduction to Catholicism class, and to clarify some points he made in his lecture the previous day on the question of homosexuality in Catholic thought . . . In an email to Howell the following Wednesday, McKim repeated his decision to relieve Howell of his teaching duties . . . The Alliance Defense Fund (ADF), a nonprofit legal fund dedicated to defending religious freedom, took up Howell’s case . . . The ADF . . . reminded the university that just because someone found Howell’s email offensive does not put it outside the realm of First Amendment protection; it is precisely the speech that offends that the First Amendment exists to protect.”
- Posted: 09/15/2010
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- Category: ADF in the News
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- Source: www.firstthings.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, State: Illinois, Topic: Colleges, Topic: Education, Topic: Homosexual Agenda
The Catholic Sun (Diocese of Phoenix): “The Diocese of Phoenix, the Knights of Columbus and the Phoenix Diocesan Council of Catholic Women are sponsoring the event. Big-name speakers will lay out the Catholic Church’s teaching on three major issues being hotly debated in the public square. George, who will deliver the keynote address, is the McCormick Professor of Jurisprudence at Princeton. [Alan Sears] — president, CEO and general counsel of the Alliance Defense Fund — and Marjorie Dannenfelser — president of the Susan B. Anthony List — will also address the crowd.” | The Manhattan Declaration
- Posted: 09/15/2010
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- Category: ADF in the News
- Tags: ADF: Alan E. Sears, ADF: Media Clips, Alliance Defense Fund, Category: Marriage and Family, Category: Religious Freedom, Category: Sanctity of Life, Group: Susan B. Anthony List, State: Arizona
LifeNews: “Today, attorneys for Advocates International, part of the pro-life legal team with the Alliance Defense Fund and the law firm Gibson, Dunn & Crutcher, filed their 147-page opposition to the government’s 165-page request for an emergency stay of the federal district court’s order preventing funding while the case continues.”
- Posted: 09/15/2010
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- Category: ADF in the News
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- Source: www.lifenews.com
- Tags: ADF: Media Clips, ADF: Steven H. Aden, Alliance Defense Fund, Category: Sanctity of Life, Court: DC Circuit, Group: Advocates International, Topic: Bioethics, Topic: Department of Health and Human Services (HHS), Topic: Embryonic Stem Cell Research, ZZ: Sherley v. Sebelius
Advocates International (AI), part of the public interest legal team along with the Alliance Defense Fund (ADF) and Gibson, Dunn & Crutcher (GD&C) who brought the case before the court more than a year ago, announced this evening that their clients have now filed in the federal court of appeals their 147-page opposition to the government’s 165-page request for an emergency stay of the federal district court’s order enjoining the government’s unlawful, unethical and unnecessary federal funding of research involving the destruction of living human embryos pending the government’s appeal of that court’s preliminary injunction order.
- Posted: 09/15/2010
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- Category: ADF in the News
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- Source: www.earnedmedia.org
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Sanctity of Life, Court: DC Circuit, Group: Advocates International, Topic: Bioethics, Topic: Department of Health and Human Services (HHS), Topic: Embryonic Stem Cell Research, ZZ: Sherley v. Sebelius
Unchartered Territory: Market Competition’s Constitutional Collision with Entrepreneurial Sex-Segregated Charter Schools
David Groshoff, 2010 B.Y.U. Educ. & L.J. 307
“Due to the recent growth in sex-segregated charters, the welcoming political landscape that currently encourages their creation, and the lack of direction by the Supreme Court, this Article explores what happens when market competition and choice–generally regarded as innocuous principles supported by many individuals across the U.S. political spectrum–are (a) applied to education, (b) combined with empirical evidence of charter success in educating urban students, and (c) mixed with policy arguments that form the basis of sex-segregated charters. By attempting to navigate the scant potentially relevant guidance from the Court, the Article analyzes how sex-segregated charters, including those expressly authorized by state legislatures, may comport with Title IX of the Patsy Takemoto Mink Equal Opportunity in Education Act and the Equal Protection Clause of the U.S. Constitution. The Article concludes that despite the ostensibly benevolent goals of the educational entrepreneurs that create charters, many sex-segregated charters violate the law.”
- Posted: 09/15/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, Topic: Charter Schools, Topic: Education, Topic: Legal Periodicals, Topic: School Choice
Adopted Speech: Summum’s Implications on Government-Sponsored, Student Speech
Landon Wade Magnusson, 2010 B.Y.U. Educ. & L.J. 407
“This Comment will illustrate how Summum’s new take on the government speech doctrine may threaten student speech by first explaining the significant role that public universities play in American society, as well as the importance of free speech within those universities. Next, this Comment will survey the different standards under which student speech is either protected or restricted in public institutions of higher learning, stressing the significance of government-sponsored, student speech. Then, it will explore the Summum decision, demonstrating its divergence from former government speech decisions. Finally, this Comment will discuss the implications of this new doctrine on student speech in the public universities, particularly how it may lead to an increase in regulation and censorship of government-sponsored student speech.”
- Posted: 09/15/2010
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- Category: Religious Freedom
- Tags: Category: Religious Freedom, Topic: Education, Topic: Legal Periodicals, ZZ: Pleasant Grove v. Summum
Winning the Housing Lottery: Changing University Housing Policies for Transgender Students
Lara E. Pomerantz, 12 U. Pa. J. Const. L. 1215 (2010)
“University life for transgender students should not be marred by frustration and alienation within their living space and larger social college environment. This Comment recognizes the difficulties universities face in balancing the needs of transgender and non-transgender students and placing transgender students, particularly pre-operative students, in housing according to self-defined gender identity. Sex segregated housing should remain an option, but not the only option. This Comment suggests that universities make assignments on the basis of students’ self-defined gender identity. As an initial step, universities would change housing forms to include a non-binary gender question, which gives students the option to self-identify outside of the male and female categories. In addition, universities would not force transgender students to provide official documentation of sex reassignment surgery. This Comment will also explore the importance of gender-neutral housing as a means to ensure that transgender students benefit from academic and social life. In order to accommodate gender non-conforming individuals and recognize students’ true gender identity, students who choose this option would be assigned housing regardless of gender.”
- Posted: 09/15/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, Topic: Colleges, Topic: Education, Topic: Homosexual Agenda
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