Legal Issues

Religious Pluralism & America's Christian Nation Debate: Revisiting the Intentions of America's Constitutional Founders

Religious Pluralism & America's Christian Nation Debate: Revisiting the Intentions of America's Constitutional Founders

By Gregory W. Hamilton The constitutional system of the United States of America remains the envy of the outside world despite the growing unrest of our European allies towards our country's Administration, and the continual provocation against it by terrorists and a few hostile Arab-Muslim nations. Yet the greatest threat to our constitutional system comes from within, and particularly from […]

 
 

Government, Religion, and a Mythical Past

Government, Religion, and a Mythical Past

By Karen Scott, Walt Pontynen, and Leigh Johnson In this  article, originally published in Spectrum in 2002, the authors discuss the intent of the founders of the United States and how historical revisionism obscures our national heritage. (Re-posted with Permission.) AMERICAN PHILOSOPHER and poet George Santayana (1863-1952) wrote, "Those who cannot remember the past are condemned to repeat it."1 Unfortunately, […]

 
 

Learning from the Past

We live in very challenging times. In the United States there is polarization of opinion fueled by fear, greed, and political opportunism. The media is contributing to a fantasy world which distracts much of the population from critical issues. Mass communication seems to be managed by vested interests so that citizens do not get important information in an unbiased manner. […]

 
 

Significant Differences Emerging Between McCain and Obama in Prospective Judicial Nominees (NY Times)

It is looking more and more likely that either Barack Obama or John McCain will be the next President of the United States.  They will leave a lasting legacy in the form of their judicial appointments. The New York Times today posted a good analysis of how they may decide who interprets the law.  Thanks to Greg Hamilton of the […]

 
 

Does Constitution apply to enemy combatant on U.S. soil? (AP)

Does Constitution apply to enemy combatant on U.S. soil? (AP)

In the War Against Terror, it may be difficult to determine who the enemy is.  Does the Constitution apply to a U.S. resident held on U.S. soil? WASHINGTON (AP) — If his cell were at Guantanamo Bay, the prisoner would be just one of hundreds of suspected terrorists detained offshore, where the U.S. says the Constitution does not apply.   […]

 
 

Barack Obama's judicial nominees (Baltimore Sun)

James Oliphant of the Baltimore Sun blogged about Barack Obama's judicial nominees. http://weblogs.baltimoresun.com/news/politics/blog/2008/05/printer-obama_on_judges.html Here is some of what Obama has said on the topic: What you're looking for is somebody who is going to apply the law where it's clear. Now there's gonna be those five percent of cases or one percent of cases where the law isn't clear. And […]

 
 

Polygamy: Where religious liberty ends (Salt Lake Tribune)

Trying to walk the line between religious freedom and societal concerns has never been easy. Some scholars say the line is drawn at polygamy. This article explores that option, but is the line even better drawn at child abuse? What about "legitimate" serial marriages and divorces? This issue may gain some traction in the next few months. Admin Read the […]

 
 

Testimony of Michael Peabody in favor of the Oregon Workplace Religious Freedom Act (SB 786)

Testimony of Michael Peabody in favor of the Oregon Workplace Religious Freedom Act (SB 786)

April 9, 2009 Senate Judiciary Committee Oregon State Legislature Salem, Oregon     RE:          SB 786 – Oregon Workplace Religious Freedom Act (SUPPORT)   Mr. Chairman and Members, Thank you for the opportunity to testify before the Senate Judiciary Committee on the Workplace Religious Freedom Act.  As an attorney I have had the privilege of representing employees in several […]

 
 

The New Blue Laws – Slate.com

Slate contributor and labor union attorney, Paul L. Edenfield, asks the questions as to workers have the right to have Sundays off. This may be the forerunner of additional trends in this area: The New Blue Laws They're about giving workers a break, not forcing church attendance. By Paul L. Edenfield Updated Monday, April 7, 2008, at 7:39 AM ET […]

 
 

Worker wins $6.5 million in reverse religious discrimination suit

A former employee of Kelly Services, a worldwide provider of temporary workers, was awarded more than $6.5 million in damages Friday by a Sacramento federal jury on her claim that the company failed to promote her because she is not a member of a religious group that other employees belong to. Lynn Noyes, who worked nearly 10 years for Kelly […]