The Catholic University of America Columbus School of Law

    Introduction: The Future of Religious Liberty in America

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    Lawyers Without Rights: Jewish Lawyers in Germany under the Third Reich

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    On February 10, 2020, Catholic Law welcomed students, alumni, faculty, staff, and honored guests to the opening of the highly acclaimed international exhibit, Lawyers Without Rights: Jewish Lawyers in Germany under the Third Reich, commemorating the 75th Anniversary of the liberation of the Nazi Death Camps

    Recognizing Anti-Zionism as an Attack on Jewish Identity

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    This article answers the false assertion that Zionism is nothing more than a political movement that should be abandoned by Jewish students on American university campuses. Yearning for the Land of Israel and Jerusalem is, in fact, a deep spiritual integral part of Jewish identity. It dates back 3000 years to Biblical times. The connection of Jews to Zion is a key component of Jews\u27 shared ancestry and ethnicity and has persisted throughout Jewish history. This dedication is demonstrated today by the custom that concludes a Jewish wedding ceremony and by the declaration ending the Passover Seder. Harassment of students who express their Jewish identity by supporting Israel is as much anti-Semitism as demands that they stop eating kosher food. Zionism\u27s opponents claim that the Jewish people have no right to self-determination in the Land of Israel. This amounts to anti-Semitism under the definition of that term adopted by the International Holocaust Remembrance Alliance ( IHRA ). That definition has been adopted by many countries and by the US Department of State. The article discusses an egregious event disruption by anti-Israel protesters in May 2018 at the University of California, Los Angeles ( UCLA ) and the national conference at UCLA of Students for Justice in Palestine ( SJP ) in November 2018. One available remedy for harassment of Zionist students on campus is legal action under 42 USC 1983. An administrative remedy can also be pursued by filing a complaint under Title VI of the Civil Rights Act with the Department of Education Office for Civil Rights against a university administration that fails to protect Jewish students from discrimination. This misfeasance constitutes discrimination based on national origin and is equivalent to racial and ethnic discrimination. The Brandeis Center for Human Rights Under Law has recently initiated its new JIGSAW program to provide law student assistance to Jewish undergraduates who are harassed on their campuses because of their support for the State of Israel

    Against the Tiers of Constitutional Scrutiny

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    This year, for the first time in nearly a decade, the Supreme Court will return to the subject of the Second Amendment. New York State Rifle & Pistol Association, Inc. (NYSRPA) v. City of New York concerns a New York City licensing regime that, at the time the Court granted review, prohibited the transportation of any firearm outside city limits. (The City subsequently changed its licensing regime, perhaps in an effort to make the case go away before the Court could rule on the merits. It is unclear, at the time we write, whether that tactic will succeed.) Although most popular attention will focus on the outcome of the case, the long-term significance of NYSRPA could be how the justices arrive at that outcome, for NYSRPA poses a challenge to what has become a familiar feature of American constitutional law: the tiers of scrutiny

    Child Support and Joint Physical Custody

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    Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. While joint physical custody safeguards the fundamental rights of parents, it nonetheless prompts practical concerns in awarding child support. Today, child support begins with state statutory guidelines, but the guidelines often fail to adequately address the economic consequences of two complete residences, one supported by a parent with fewer economic resources, and the fact that oftentimes the child drifts from one to the other soon after the court order. This Article argues that child custody and child support should be formulated in the similar fashion. That is, borrowing the approach proposed by the American Law Institute, it is prudent for separating couples to be assisted in developing a child support plan, just as they are assisted in developing a child parenting (custody) plan. The federalization of child support, the guidelines, and the enforcement mechanisms involved, distract states from the urgency of involving parents, together with professionals, in formulating workable child support plans. The child support guidelines are and will remain the first step, but they cannot be the last if child support is to be equal with child custody in providing for the best interest of the child

    Originalism and the Legislature

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    While the extent to which Congress ought to be involved in interpreting the Constitution has been the subject of scholarly debate in recent years, the question of how Congress should interpret the document has been overlooked. This paper examines the justifications underlying several schools of originalist thought to tease out what these schools have to say about congressional constitutional interpretation. When the major originalist theories are scrutinized, the logical conclusion is that Congress ought to be originalist when engaging in constitutional interpretation. The paper thus breaks new ground in pointing out this radical implication of originalist thought, but its novel exploration of congressional interpretive methods makes it highly relevant to nonoriginalist scholars as well
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