Standing on Holy Ground: How Rethinking Justiciability Might Bring Peace to the Establishment Clause

The Establishment Clause is home to both procedural and substantive disorder. Particularly when evaluating religious speech by the government, the Supreme Court has applied a number of distinct tests, with varying degrees of strictness. There has never been an overarching principle for determining which test would appear at which time; commentators, and occasionally the Justices themselves, have suspected that desired results drove the choice of tests. At the same time, the Court has articulated a series of requirements necessary for a plaintiff to have standing to challenge government action, only to ignore them in government religious speech cases. The resulting lack of clarity leaves lower courts to their own devices in endeavoring to calm increasingly intense struggles. This article sets out a theory that altering one of these problems might correct the other. Analogizing to the Treaty of Westphalia\u27s temporal limit on the airing of grievances, the Supreme Court could replace the current standing chaos with a limit to claims against current government activity. Such a rule would foreclose the ability of pro-religion forces to new domination of the public square, but would also prevent anti-religion forces from removing the vestiges of past government activity that are central to the American experience. Current doctrine ends with many of the same results, but doing so under the standing doctrine would remove the camouflage of alternative substantive tests. Simultaneously, it would decrease the incentive of participants in the national political struggle over religion to ever more hostile moves. The clarity this doctrinal shift would provide could help improve both religious freedom and peace in the national dialogue

Greenbacks, Consent, and Unwritten Amendments

I remember a German farmer expressing as much in a few words as the whole subject requires: “money is money, and paper is paper.”—All the invention of man cannot make them otherwise. The alchymist may cease his labours, and the hunter after the philosopher’s stone go to rest, if paper cannot be metamorphosed into gold and silver, or made to answer the same purpose in all cases. Every day Americans spend paper money, using it as legal tender. Yet the Constitution makes no mention of this phenomenon. Indeed, it clearly prevents the states from having the authority to make paper money into legal tender, and does not award this power to Congress. Yet today, without a formal written amendment to the Constitution, America seems united in accepting this fact to a degree that greatly exceeds our unity in the vast majority of Constitutional questions that might appear. The acceptance by the people today of a power at odds with the original meaning of our Constitution offers insights into the legitimacy of the process of unwritten amendments to the founding document and the continuing meaning of the consent of the governed

Of Non-Horses, Quantum Mechanics, and the Establishment Clause

This is the published version

Asculum Defeats: Prosecution Losses in the Military Commissions and How They Help the United States

Excerpt from an article.Creator John M. Bickers, faculty in Salmon P. Chase College of Law, Northern Kentucky University

Optical study of the electronic phase transition of strongly correlated YbInCu_4

Infrared, visible and near-UV reflectivity measurements are used to obtain conductivity as a function of temperature and frequency in YbInCu_4, which exhibits an isostructural phase-transition into a mixed-valent phase below T_v=42 K. In addition to a gradual loss of spectral weight with decreasing temperature extending up to 1.5 eV, a sharp resonance appears at 0.25 eV in the mixed-valent phase. This feature can be described in terms of excitations into the Kondo (Abrikosov-Suhl) resonance, and, like the sudden reduction of resistivity, provides a direct reflection of the onset of coherence in this strongly correlated electron system.Comment: 4 pages, 3 figures (to appear in Phys. Rev. B

Clinical oxidative stress during leprosy multidrug therapy:impact of dapsone oxidation

This study aims to assess the oxidative stress in leprosy patients under multidrug therapy (MDT; dapsone, clofazimine and rifampicin), evaluating the nitric oxide (NO) concentration, catalase (CAT) and superoxide dismutase (SOD) activities, glutathione (GSH) levels, total antioxidant capacity, lipid peroxidation, and methemoglobin formation. For this, we analyzed 23 leprosy patients and 20 healthy individuals from the Amazon region, Brazil, aged between 20 and 45 years. Blood sampling enabled the evaluation of leprosy patients prior to starting multidrug therapy (called MDT 0) and until the third month of multidrug therapy (MDT 3). With regard to dapsone (DDS) plasma levels, we showed that there was no statistical difference in drug plasma levels between multibacillary (0.518±0.029 μg/mL) and paucibacillary (0.662±0.123 μg/mL) patients. The methemoglobin levels and numbers of Heinz bodies were significantly enhanced after the third MDTsupervised dose, but this treatment did not significantly change the lipid peroxidation and NO levels in these leprosy patients. In addition, CAT activity was significantly reduced in MDT-treated leprosy patients, while GSH content was increased in these patients. However, SOD and Trolox equivalent antioxidant capacity levels were similar in patients with and without treatment. These data suggest that MDT can reduce the activity of some antioxidant enzyme and influence ROS accumulation, which may induce hematological changes, such as methemoglobinemia in patients with leprosy. We also explored some redox mechanisms associated with DDS and its main oxidative metabolite DDS-NHOH and we explored the possible binding of DDS to the active site of CYP2C19 with the aid of molecular modeling software