What Does Trump Victory, US Senate Staying In Republican Hands Mean For Supreme Court?
Professor Mark Rahdert appeared in this story at KYW CBS 3. Read the Full Article
Professor Mark Rahdert appeared in this story at KYW CBS 3. Read the Full Article
Professor Mark Rahdert is quoted in this Morning Call article about a controversy advertisement for a Bethlehem-area charter school. Read the Full Article
Professor Mark Rahdert is quoted in this article the Temple Update on the fallout from Justice Antonin Scalia’s death. Could President Obama appoint a temporary Supreme Court Justice without Senate approval while the Senate is on vacation? Read the Full Story
Professor Mark Rahdert is quoted in this article by the Chronicle of Higher Education. What does the death of Supreme Court Justice Antonin Scalia mean for Fisher v. The University of Texas, and the future of affirmative action? Read the Full Story
There has been a recent trend in several states to consider and adopt state constitutional amendments or statutes that attempt to prohibit state courts from considering or applying foreign law in their judicial decisions. The first effort of this kind occurred in Oklahoma in 2010, and similar laws have been enacted in several other states in ensuing years. One aim of these provisions (which was made explicit in Oklahoma) is to prevent state courts from incorporating “Sharia” (Muslin law) into judicial decisions. Another aim is to assert a broad principle of American exceptionalism that supports exclusion of all foreign law regardless of its source. This article addresses the questions whether such a limitation on state judicial decisions is constitutional, and if so whether it represents a desirable restriction on the judicial process. In Awad v. Ziriax, Oklahoma’s attempt to prevent judicial use of foreign and international law was struck down as a violation of the First Amendment’s Establishment Clause. This result was justified by the law’s explicit attempt to single out Sharia for specific legal …