Rights and the Religion Clauses

Article published in the Duke Journal of Constitutional Law & Public Policy

The Relationship between Modern Racism, Color-Blind Attitudes, and Attitudes towards Affirmative Action

The purpose of this investigation was to examine the relationship between modern racist attitudes, attitudes toward affirmative action, and colorblind attitudes. One hundred seventy two college students were given the Color-Blind Racial Attitudes Scale (CoBRAS), Modern Racism Scale (MRS), and Attitudes Toward Affirmative Action Scale (ATAAS). Results confirmed a positive correlation between modern racism and colorblind attitudes. In addition, modern racism was able to predict scores on the Attitudes Toward Affirmative Action Scale (ATAAS)

Contextual Benefits of a Neutral Principles Approach to Religious Property Disputes

Religious property disputes raise an assortment of issues both practical and constitutional. Should civil courts be able to decide these disputes, and if so, under what circumstances? What is the role of the doctrine of “church autonomy” in these disputes? 1 Can “neutral principles of law” help courts decide these cases, and if so, what issues might arise?2 What should happen when no civil court and no religious body has jurisdiction over a claimant’s case

Secularism and Liberal Constitutionalism: Lessons from Japan

This symposium asks an important question. Is secularism a non-negotiable aspect of liberal constitutionalism? The likelihood is that secularism is a nearly insurmountable requirement of liberal constitutionalism, but it is at least theoretically possible to have a system that promotes both liberal constitutionalism and religion. There are, however, some strong lessons from history that demonstrate that more often than not, secular constitutions are the best route to protect individual autonomy as well as religion. This Article will focus on the important lessons we can learn about this issue from Japan and Japanese history

Competing Freedoms: Freedom of Religion and Freedom of Sexual and Reproductive Liberty in Pluralistic Societies

Recent events in several states, along with the United States Supreme Court's recent decision in Obergefell v. Hodges, have resulted in a national debate often pitting religious freedom against the civil rights and civil liberties of the LGBT community. This controversy follows closely on the heels of the Supreme Court's decision in Burwell v. Hobby Lobby, which set off a firestorm over the balance between reproductive rights and religious freedom. Both conservatives and progressives have raised the level of hysteria. The media has been happy to oblige. Television and radio news programs, newspapers, magazines and the blogosphere are filled daily with reports of discrimination by one or both sides. We have entered a new, and heretofore unparalleled, battle in the culture wars. Of course, the framing of this controversy ignores one central fact: religious freedom and strong civil rights for all can coexist when properly understood. This paper, which is an edited excerpt from my recent book, Freedom's Edge: Religious Freedom, Sexual Freedom, and the Future of America (Cambridge University Press, 2016), addresses elements of the debate and suggests some possible bases for co-existence

Memorandum from Richard Ravitch to Members of the Comission

This memorandum lists the proposed ballot questions which were submitted to the electors of the City. This document and several others were originally contained in a binder along with the August 1988 draft of the New York City Charter

Prevention of School Shootings: Understanding Generational Perceptions of School Shooters

School shootings are a global phenomenon that have attracted public and academic interest since the Columbine shooting in 1999 (Raitanen, Sandberg, & Oksanen, 2019). Social scientific research focuses on underlying causes of school shootings and identifies factors that may lead to these acts of violence. My interdisciplinary study fills a gap in this literature by using psychological and sociological theories, such as the fundamental attribution theory, locus of control, and gender socialization, to examine the public’s perceptions of school shooters. Specifically, I identify and analyze the perceptions of school shooters held by different generational groups, including Gen-Z and Baby-Boomers. Participants completed an online survey with scaled questions about school shooters and their characteristics. The study intends to find that younger age groups perceive school shooters as victims of society and personal life circumstances, including mental conditions, bullying, and parenting. Additionally, they may have more explanations for why school shooters commit these acts of violence. By contrast, the study intends to find that older age groups will likely perceive school scooters as sole perpetrators of the shootings and have fewer explanations for why school shootings occur. My research has the potential to decrease school shootings in the future. As institutions better understand the widespread perceptions of school shooters, they can design preventative programs and effectively communicate about school shootings with teachers, policymakers, and therapists

The Japanese Prime Minister's Visits to the Yasukuni Shrine Analyzed under Articles 20 and 89 of the Japanese Constitution

For those familiar with Japan, the simple mention of the Yasukuni Shrine raises the specter of controversy. The Shrine is an edifice of the Meiji Era that sprung from humble and innocent beginnings into the site of international controversy. The shrine was originally created in 1869, to commemorate government soldiers killed in the Boshin war, considered a civil war of independence between the Shogunate and Emperor Meiji, and it was renamed as the Yasukuni Shrine in 1879.1 It has grown into a symbol of Japanese nationalism, militarism, and historical revisionism, which is controversial to the pacifist culture in Japan and to China, Korea and Taiwan.

Memorandum from Richard Ravitch to Members of the Comission

This memorandum lists the proposed ballot questions which were submitted to the electors of the City. This document and several others were originally contained in a binder along with the August 1988 draft of the New York City Charter