Rotunda provided valuable counsel. The author has been consulted on possible legislation in the O... more Rotunda provided valuable counsel. The author has been consulted on possible legislation in the Ohio General Assembly regarding the State's interest in prenatal life from the time of a detected fetal heartbeat. 1 See HADLEY ARKES, NATURAL RIGHTS AND THE RIGHT TO CHOOSE 84 (2002) ("Anyone who enters this argument soon discovers that there is no tenable ground on which to claim that the child in the womb, the offspring of homo sapiens, can be anything less than a human being."). Arkes continues: In other words, the child became a rights-bearing person only when the mother, in a grand Nietzschean gesture, said in effect, "I permit you to live. I confer upon you, now, dignity and standing." But if the child gains her rights in that way, they could hardly be natural rights, and indeed they may hardly be rights at all. For they do not begin-they cannot begin-with the sense that there is anything intrinsic in the child that we are 2013]
Both admirers and cntlcs call Antonin Scalia the most influential Supreme Court justice in the la... more Both admirers and cntlcs call Antonin Scalia the most influential Supreme Court justice in the last half century. 1 He made originalism 2 a legitimate tool of analysis for previously recalcitrant justices. 3 Today, originalism is the stuff of the advocate's brief. 4 Antonin Scalia schooled his colleagues in the art of textual analysis, 5
10 Finnis notes that the unscrupulous can gain power through adherence to legal forms, and conclu... more 10 Finnis notes that the unscrupulous can gain power through adherence to legal forms, and concludes that "the Rule of Law does not guarantee every aspect of the common good, and sometimes it does not secure even the substance of the common good." NATURAL LAW, supra note 2, at 274. See also AUTHORITY OF LAW, supra note 7, at 211. "NATURAL LAW, supra note 2, at 273. In an earlier article, I similarly discern that Fuller's desiderata brought him to a point whereby substantive notions of justice are necessarily implicated in his formula. Forte, Natural Law and Natural Laws, 26 The University Bookman 75 (Summer, 1986). 12 NATURAL LAW, supra note 2, at 274. 13 The summary offered by Joseph Raz is parallel: the Rule of Law "has two aspects: (1) that people [including governmental officials] should be ruled by the law and obey it, and (2) that the law should be such that people will be able to be guided by it." AUTHORITY OF LAW, supra note 7, at 213.
ter BLASPHEMY EPISODES]. 3. The Shari'a (sometimes spelled Shari'ah or Shariat) is the classical ... more ter BLASPHEMY EPISODES]. 3. The Shari'a (sometimes spelled Shari'ah or Shariat) is the classical law of Islam, formulated and developed over a number of centuries after Muhammad's death in 632, and crystallized within four variant schools in Sunni Islam (Maliki, Hanafi, Shafi'i, and Hanbali) by around the year 1200 A.D. The dominant Shia school is Jafari. Shia Islam separated early in Islamic history from Sunni Islam over the question of who should be the legitimate successor to Muhammad and caliph of the Islamic Empire. See ALFRED GUILLAUME, ISLAM 115-25 (1954).
Subsequent judicial history has demonstrated that his judgment of the case was unnecessarily hars... more Subsequent judicial history has demonstrated that his judgment of the case was unnecessarily harsh, particularly his view that "Justice Jackson's rather desultory opinion contains little that is of direct pertinence to the constitutional issue." 3 In 1981, the Supreme Court decided Dames & Moore v. Regan. 4 According to the modest view of the majority opinion, the Dames & Moore case is not even a brick, with or without straw. As Justice Rehnquist stated for the Court: "We attempt to lay down no general 'guide-lines'... and attempt to confine the opinion only to the very questions necessary to the decision of the case." 5 A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved the country one step forward towards a strengthened constitutional structuring of the foreign affairs power. Dames & Moore v. Regan was the test vehicle through which the Supreme Court scrutinized the constitutionality of the settlement with * This Article grew out of a paper presented to a meeting of the Western Political Science Association in San Diego on March 25, 1982.
Amici curiae (listed in the Appendix) are professors who research and write on the First Amendmen... more Amici curiae (listed in the Appendix) are professors who research and write on the First Amendment and religious liberty. They have a strong interest in the proper application of the Religion Clauses and the church autonomy doctrine.
Uploads
Papers by David Forte