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FindLaw columnist and U.C. Hastings law professor Vik Amar discusses the key question at the heart of the California litigation over same-sex marriage: Does current California law, which forbids same-sex marriage, violate the California Constitution? Amar discusses the way both equal protection and right to privacy arguments will likely play out. He also notes an important twist in the legal analysis that derives from the fact that the law at issue is a California statutory initiative that was directly approved by voters.
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FindLaw book reviewer and attorney Matt Herrington assesses Harvard philosophy professor Frederick Schauer's recent defense of why generalizations can be good, in his book Profiles, Probabilities and Stereotypes. Schauer contends that since generalization and "profiling" are inevitable, we should try to make the bases for them as transparent as possible -- and Herrington explains how the theory might play out in controversial war-on-terrorism settings such as scrutiny of airline passengers.
Friday, Apr. 02, 2004
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FindLaw columnist, attorney, and author Edward Lazarus takes aim at five specific points made by Justice Antonin Scalia in Scalia's twenty-page explanation of why he would not recuse himself from a case involving Vice-President Dick Cheney based on his duck-hunting trip with Cheney. In addition, Lazarus argues that Bush v. Gore -- which acreated reasonable public skepticism as to Scalia's impartiality, and resulted in not only Bush, but Cheney, taking office -- is another reason Scalia should have opted for recusal.
Thursday, Apr. 01, 2004
FindLaw guest columnist and soon-to-be Harvard law professor Noah Sachs discusses a recent Supreme Court ruling on several key environmental law issues -- and also discusses what may happen after the case is sent back to the lower court, as the Supreme Court directed. The case is a dispute over polluted water in the Florida Everglades that raises issues about the meaning of the Clean Water Act.
Thursday, Apr. 01, 2004
FindLaw columnist and Columbia law professor Michael Dorf discusses a recent decision by the U.S. Court of Appeals for the Seventh Circuit, authored by well-known jurist Richard Posner. The decision rejects the Justice Department's bid to get a Chicago area hospital to turn over patient records for women who have had so-called "partial birth" abortions. Although the women's names and identifying information would be omitted before attorneys saw the records, Judge Posner argues that their privacy would still be compromised. Dorf assesses the argument, illuminating the difference between anonymity and privacy.
Wednesday, Mar. 31, 2004
FindLaw columnist and U.C. Hastings law professor Vikram Amar offers a nuanced view of San Francisco Mayor Gavin Newsom's position vis-a-vis gay marriage. Amar contends that in the end, Newsom's position (that he can bypass state statutes that he believes violate federal constitutional rights) is unpersuasive. However, Amar also argues that the reason it's unpersuasive is very different from the reasons Newsom's opponents typically give.
Tuesday, Mar. 30, 2004
FindLaw guest columnist and attorney Irwin R. Kramer considers whether real estate mogul Donald Trump will succeed in his bid to trademark the phrase "You're Fired," now closely associated with him thanks to the television show "The Apprentice." Kramer contrasts the difference between copyright law -- which would never give Trump the right to the phrase -- and trademark law -- which might allow Trump the trademark in order to stave off consumer confusion. He also considers a "little guy" competitor who staked an earlier claim on the phrase -- in the context of selling pottery.
Monday, Mar. 29, 2004
FindLaw guest columnist and human rights attorney Noah Leavitt takes issue with South Africa's recent decision to grant asylum to alleged human rights violator and former Haitian President Jean-Bertrand Aristide. Leavitt contends that South Africa has seriously marred its own record on human rights with this decision -- but that it could partially remedy its error by urging that Aristide face a Truth and Reconciliation Commission in Haiti that would be similar to South Africa's own such Commission.
Monday, Mar. 29, 2004
FindLaw guest columnist and human rights attorney Noah Leavitt takes issue with South Africa's recent decision to grant asylum to alleged human rights violator and former Haitian President Jean-Bertrand Aristide. Leavitt contends that South Africa has seriously marred its own record on human rights with this decision -- but that it could partially remedy its error by urging that Aristide face a Truth and Reconciliation Commission in Haiti that would be similar to South Africa's own such Commission.
Monday, Mar. 29, 2004
FindLaw columnist and former counsel to the President John Dean offers a new take on the controversy over Justice Antonin Scalia's refusal to recuse himself from a case involving his fellow duck hunter and dinner companion, Vice President Dick Cheney. Dean focus not on the recusal issue itself but on the underlying case, asking: Why does Scalia want to vote on this case, in particular? And with Scalia's vote, what is the outcome at the Court likely to be?
Friday, Mar. 26, 2004
FindLaw columnist and Cardozo law professor Marci Hamilton weighs in on the controversial case that asks the Supreme Court to decide whether having the "under God" pledge of allegiance in public schools violates the Establishment Clause. Hamilton explains the tenor of the recent oral argument before the Court, argues that there is indeed an Establishment Clause violation, and argues that a decision to the contrary would not only be a legal error, but also lower the U.S.'s credibility in the international community.
Thursday, Mar. 25, 2004
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Columnist John W. Dean
AND: Phillip Carter On The Iraqi Ambush In Fallujah: War Crimes, Possible Defenses, & Legal Issues For Any US Response
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