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From Rosenberger to Martinez: Why the Rise of Hyper-Modernism is a Bad Thing for Religious Freedom
Get PDFThis Comment will argue that what has been flying under the banner of postmodernism is actually an intensification of modem paradigms. Moreover, hyper-modernism is not a friend to religious freedom. Instead, the Court held in Martinez that the ideologies of diversity, non-discrimination, and non-commitment trump religious freedom.\u27 Postmodernists and Christians alike should find this objectionable. Additionally, the Martinez decision raises serious questions about the socalled rise of postmodern thought and its impact, at least in the minds of all nine Supreme Court justices. This decision may only mark the beginning of a rise in hyper-modern Religion Clause jurisprudence. At the outset, it is helpful to provide a background to modernism and postmodernism and their impact on religious freedom
Causing the Blood to Flow Where I Touched Him - Liberalism, Constitutionalism, Christianity, and the War at Covey Farm
Get PDFI will begin my critique by going directly to the source here, the famous Philadelphia Constitutional Convention of 1787, and ask us to look somewhat carefully at the work of the founders there, in considering the ultimate integrity of the product they fashioned and the world they created. That they gave us a classical liberal wonder, with tenets of that philosophy writ large in government for the very first time, is undeniable, though it will be submitted that they gave us something else as well. It is right for us then to explore that something else, not abstractly, through ideas, but concretely - starkly and bloodily so - through the world captured so powerfully by self-educated, selfactualized and self-emancipated Frederick in his 1845 published memoirs, recalling experiences of his youth in that rights-reifying land remembered a decade or more thereafter. In this we will focus on one incident where two worlds collided violently on a non-descript Maryland farm - those of legally generated and maintained master and slave - and we will seek to test the weight of our conference\u27s thesis in the struggle of these two men and these two worlds. We will be free to make appropriate following comments in conclusion
Enlightenment Liberalism, Lawyers, and the Future of Lawyer-Client Relations
Get PDFI am going to address, from a Christian perspective, liberalism\u27s relationship to the role and responsibility of the lawyer. Whether a United States lawyer could define Enlightenment liberalism or not, it is likely that the role he or she plays as an attorney every day was in large part shaped by liberalism\u27s focus on individual autonomy. At the request of the conference organizers, I am also going to reflect on the future of lawyerclient relations
More Questions Than Answers: Situating Judicial Takings Within Existing Regulatory Takings Doctrine
Get PDFIn Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, a four-member plurality of the Supreme Court endorsed the idea that certain judicial action, as well as action by other branches of government, might effect a taking of private property. In explaining its theory of judicial takings, however, the plurality did little to explain how such takings fit within the larger doctrinal and analytical framework for regulatory takings. This Essay evaluates whether the plurality’s discussion of judicial takings is consistent with the preexisting takings framework and how it might impact takings cases in the future. Ultimately, the plurality’s discussion of judicial takings raises more questions than answers and backtracks on the promises of clarity made in the Court’s most recent prior takings decision