The Story of the Gary, Indiana Crucifix

In the spring of 1955, the Knights of Columbus erected an enormous crucifix in a public park in Gary, Indiana. Incensed by this flagrant constitutional violation, Harrison J. Mellman, a bright, well-liked, but still green local lawyer, began making plans to challenge the towering structure in court. Today, more than half a century later, the edifice remains, undisturbed, in its original spot. And so begins, and ends, a most unusual tale

Constitutional Bait and Switch: Executive Reinterpretation of Arms Control Treaties

A new constitutional crisis has been thrust upon the American body politic. The crisis arises from a dispute concerning the allocation of legal authority for the interpretation, and especially for the reinterpretation, of international agreements. Once a sleepy backwater reserved for specialized scholars, the issue of treaty interpretation has drawn the President and Congress into stark confrontation and generated splashy headlines

What to Do If Simultaneous Presidential and Vice Presidential Inability Struck \u3ci\u3eToday\u3c/i\u3e

Dual incapacity is one of three major inability scenarios involving the Vice President that threatens the continuity of the executive branch. The current state of the law in this area, unfortunately, leaves only imperfect options for policymakers. This Article proposes that, in the event of a dual inability, the Speaker, the President pro tempore of the Senate, and the Cabinet should meet and then jointly declare that the Speaker is Acting President until either the President or Vice President regains capacity. At the same time, the Speaker—as the new Acting President—the President pro tempore, and the Cabinet should request that Congress ratify their decision and the process they undertook to reach that determination

Revisiting Synthesis for One-Counter Automata

We study the (parameter) synthesis problem for one-counter automata with parameters. One-counter automata are obtained by extending classical finite-state automata with a counter whose value can range over non-negative integers and be tested for zero. The updates and tests applicable to the counter can further be made parametric by introducing a set of integer-valued variables called parameters. The synthesis problem for such automata asks whether there exists a valuation of the parameters such that all infinite runs of the automaton satisfy some omega-regular property. Lechner showed that (the complement of) the problem can be encoded in a restricted one-alternation fragment of Presburger arithmetic with divisibility. In this work (i) we argue that said fragment, called AERPADPLUS, is unfortunately undecidable. Nevertheless, by a careful re-encoding of the problem into a decidable restriction of AERPADPLUS, (ii) we prove that the synthesis problem is decidable in general and in N2EXP for several fixed omega-regular properties. Finally, (iii) we give a polynomial-space algorithm for the special case of the problem where parameters can only be used in tests, and not updates, of the counter

The Obama Administration’s Decision to Defend Constitutional Equality Rather Than the Defense of Marriage Act

When President Barack Obama announced his view that the Defense of Marriage Act1 (DOMA) violated the Fifth Amendment’s guarantee of equal protection,2 he joined a storied line of Presidents who have acted upon their own constitutional determinations in the absence of, and on rare occasion contrary to, those of the U.S. Supreme Court. How best to proceed in the face of a federal statute the President considers unconstitutional can involve complex judgments, as was true of the difficult decision to enforce but not defend DOMA. Ordinarily the Department of Justice should adhere to its tradition of defending statutes against constitutional challenge, but I believe that DOMA constituted a rare exception. To defend DOMA’s discrimination would have required making arguments that the Obama Administration did not consider reasonable and that in their very making would have exacerbated the constitutional harm to the equality and dignity of Americans on the basis of sexual orientation. President Obama and Attorney General Eric Holder acted appropriately and admirably in choosing instead to present their actual views on sexual orientation discrimination, just as their predecessors did on racial segregation, thereby leaving DOMA’s defense to Congress and the ultimate resolution to the courts

Adjudication Acts of State in Suits Against Foreign Sovereigns: A Political Question Analysis

We discuss how one can identify CP violation (and conservation) in multi-Higgs-doublet potentials. After a brief review of CP violation in the 2HDM, we refer to the fact that for NHDM with N ≥ 3 the well known methods useful in the case N = 2 have not been generalized in order to provide a set of well defined necessary and sufficient conditions for CP conservation. We then present a simple method, proposed by the authors, to be used in such cases. Two non-trivial examples based on an S3-symmetric three-doublet model are analyzed by means of this new method.publishedVersio

A Gateway to Future Problems: Concerns about the State by-State Legalization of Medical Marijuana

[Excerpt] “Before 2009, every American presidential administration had been uniform in its policy of consistently enforcing the nation’s drug laws. Pursuant to federal law, possession, use, or cultivation of any drug deemed illegal by Congress was, universally, a prosecutable offense. Notwithstanding this unwavering policy, throughout the 1990s and early 2000s, the marijuana industry continued to grow, and several states legalized medicinal marijuana despite the standing federal prohibition. Moreover, President Barrack Obama, shortly after taking office, broke precedent with his predecessors when he put forth a policy of non-enforcement through a publicly released memorandum authored by the then Deputy Attorney General, David Ogden, (hereinafter Ogden Memo or Memo) “provid[ing] clarification and guidance to federal prosecutors in states that have enacted laws authorizing the medical use of marijuana.” In this Memo, Ogden discouraged expenditure of “limited investigative and prosecutorial resources” on “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” Following the release of this Memo, many more states have enacted legislation that would legalize medical marijuana, and accordingly, during the Obama administration, the medical marijuana industry has demonstrated incredible growth. Furthermore, it is projected to continue to grow exponentially over the next five years.

Executive Privilege in the Federal Courts

Apoptosis is one type of programmed cell death, important during tissue development and to maintain the tissue homeostasis. Apoptosis comprises a complex network of internal signaling pathways, and an important part of this signaling network is the action of voltage‐gated ion channels. The aim of this thesis was to explore the role of ion channels and the role of intracellular metal ions during apoptosis in Xenopus laevis oocytes. The reasons for using these oocytes are that they are large, robust, easy to handle, and easy to study electrophysiologically. Apoptosis was induced either chemically by incubation of the oocytes in staurosporine (STS) or mechanically by centrifugation of the oocytes. Ion currents were measured by a two‐electrode voltage clamp technique, intracellular ion concentrations were measured either directly by in‐house developed K+‐selective microelectrodes or indirectly by the electrophysiological technique, and apoptosis was measured by caspase‐3 activation. Paper I describes that the intracellular K+ concentration was reduced by about 30 % during STS‐induced apoptosis. However, this reduction was prevented by excessive expression of exogenous ion channels. Despite the magnitude of the intracellular K+ concentration, either normal or reduced level, the oocytes displayed normal signs of apoptosis, suggesting that the intracellular K+ reduction was not required for the apoptotic process. Because the intracellular K+ concentration was not critical for apoptosis we searched for other ion fluxes by exploring the electrophysiological properties of X. laevis oocytes. Paper II, describes a non‐inactivating Na+ current activated at positive membrane voltages that was upregulated by a factor of five during STS‐induced apoptosis. By preventing influx of Na+, the apoptotic signaling network involving capsase‐3 was prevented. To molecularly identify this voltage‐gated Na channel, the X. tropicalis genome and conserved regions of the human SCNA genes were used as a map. Paper III, shows that the voltage‐gated Na channel corresponds to the SCN2A gene ortholog and that supression of this SCN2A ortholog using miRNA prevented cell death. In conclusion, this thesis work demonstrated that a voltage‐gated Na channel is critical for the apoptotic process in X. laevis oocytes by increasing the intracellular Na+ concentration