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Findlaw columnist and U.C. Hastings law professor Vikram Amar, and FindLaw guest columnist and U.C. Davis law professor Alan Brownstein, discuss two recent cases concerning the free exercise of religion. One case is before the California Supreme Court, and concerns the California Constitution; the other is before the U.S. Supreme Court, and concerns the U.S. Constitution. Amar and Brownstein contend that contrasting the two cases -- as they do in this column -- illuminates important issues as to how constitutional religion clauses should be interpreted.
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FindLaw book reviewer, 9/11 Commission Vice-President, and President of the Woodrow Wilson International Center for Scholars Lee Hamilton assesses David Hamburg's recent work on conflict prevention. Hamburg covers topics ranging from the lessons of World War II, to the value of preventive action and early warning, to the need for international cooperation, and more.
Friday, Dec. 12, 2003
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FindLaw columnist, attorney, and author Edward Lazarus discusses the case of Delma Banks, Jr. -- a death row defendant who had no prior criminal record before he was convicted of murder in Texas. As Lazarus explains, it was later discovered that knowing prosecutorial misconduct infected Banks's trial -- but a federal appellate court refused to address that misconduct. Now the U.S. Supreme Court will decide what to do in Banks's case, in which it just heard oral argument.
Thursday, Dec. 11, 2003
FindLaw guest columnist and Hofstra law professor Alafair Burke discusses the probable decision in, and the implications of, Sabri v. United States, a case the Supreme Court will resolve this term. As Burke explains, Sabri raises the question of whether there are any limits to Congress's exercise of the Spending Power, in the context of criminal law or perhaps beyond. More specifically, Sabri concerns the constitutionality of the broad federal programs bribery statute.
Thursday, Dec. 11, 2003
FindLaw columnist and Columbia law professor Michael Dorf discusses a recurring problem for the judicial system: What should be done with plaintiffs who file numerous cases? These plaintiffs' filings may be meritless, but on the other hand, they also may truly seek to recover for law violations that genuinely harmed them. Dorf comments upon how the legal system should address "frequent filers" -- such as the woman who recently sued Wal-Mart alleging she was trampled in a holiday shopping rush, and was discovered to have also sued Wal-Mart repeatedly in the past.
Wednesday, Dec. 10, 2003
FindLaw columnist, attorney, and author Julie Hilden discusses an important First Amendment case on which the Texas Supreme Court recently heard oral argument. The case pits a Texas judge and prosecutor against the Dallas Observer, and, as Hilden explains, involves several interesting issues, including: Can a fictitious article be the basis for a libel suit and if so, when? And, is it the nature of parody and satire to sometimes mimic the original so closely, they are mistaken for it (or for a sequel)?
Tuesday, Dec. 09, 2003
FindLaw columnist and Brooklyn law professor Anthony Sebok discusses an important part of the Homeland Security Act -- the "Support Antiterrorism by Fostering Effective Technologies Act of 2002," otherwise known as the "SAFETY Act." As Sebok explains, the SAFETY Act restricts the liability of manufacturers of certain anti-terrorism technologies in the event of a terrorist attack. Sebok recognizes the SAFETY Act's laudable goal, but questions some of its specific provisions.
Monday, Dec. 08, 2003
FindLaw columnist and former counsel to the President John Dean interviews Dr. David Hamburg, author of the book No More Killing Fields; president emeritus of the Carnegie Corporation; and eminent expert on conflict resolution. Dean and Hamburg discuss alternatives to wars, ways of preventing deadly conflicts, including diplomatic means, and the role of democracy in conflict resolution.
Friday, Dec. 05, 2003
FindLaw guest columnist, attorney, and former U.S. Sentencing Commission staffer Mark Allenbaugh discusses the possible sentences Michael Jackson may face if he is convicted on the California abuse charges that reportedly are being brought against him, or on possible federal charges that could follow. Allenbaugh explains why, if convicted, Jackson could still serve a short amount of jail time, in part due to California's parole system.
Thursday, Dec. 04, 2003
FindLaw columnist and Cardozo law professor Marci Hamilton discusses a church/state case argued this week before the Supreme Court. The case raises the question whether the Free Exercise Clause of the First Amendment requires a state that provides college scholarships for secular instruction, to fund religious instruction as well. As Hamilton explains, it involves two separate lines of Supreme Court church/state precedent that are in tension with each other.
Thursday, Dec. 04, 2003
FindLaw columnist and U. Washington law professor Anita Ramasastry assesses the new Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, also referred to as the "CAN Spam Act." Ramasastry explains the Act's provisions, and also explains why she and others believe it may not be effective in actually eliminating spam.
Wednesday, Dec. 03, 2003
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