Law

American Religion and the Marriage Debate

William N. Eskridge Jr.— From the beginning of the marriage equality debate, the main critics of marriage between persons of the same sex were religious intellectuals and public figures such as Phyllis Schlafly, Josef Ratzinger, Jim Dobson, Phil Burris, Lou Sheldon, Lynn Wardle, Maggie Gallagher, Robby George, Richard Land, and

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Bostock and Originalism

Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title VII of the 1964 Civil Rights Act extended to discrimination against gays, lesbians, and transgender people. Remarkably, both Justice Neil

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A Matter of Dignity

Donna Hicks— Like so many of us, I am deeply saddened and outraged by the brutal killing of George Floyd by members of the Minneapolis police. The jaw dropping video showing the fatal actions of Derek Chauvin, while George pleaded for his life, were beyond comprehension. What happened to Derek

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Sovereignty in a Public Health Crisis

Don Herzog— Who should buy ventilators, N-95 masks, PPE, and more? “Governors are supposed to be doing a lot of this work,” complained President Trump. “The federal government is not supposed to be out there buying vast amounts of items and then shipping. You know, we’re not a shipping clerk.”

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Environmental Policy

Richard N. L. Andrews— Environmental protection policy includes three elements intended to protect public health and ecological processes from adverse effects of human activities. One is pollution control, including prevention, safe management, and cleanup of waste discharges, accidental spills, and deliberate environmental dispersion of toxic materials such as pesticides. The

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Multilateralism in Global Health

Kathryn C. Lavelle— The political boundaries that humans construct rarely confine disease. Thus, medicine is humanity’s most transnational endeavor. To understand systems of coordinating relations across states in accordance with certain principles of conduct, international relations uses the term multilateralism, which can be grounded in specific international organizations (IOs) or

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Human Rights and Human Responsibilities

Kathryn Sikkink— Sometimes we get so enamored with our rights that we forget about our corresponding responsibilities. In order to fully realize our own rights and the rights of others, we also need to embrace and practice responsibilities. For example, people in the United States like to think they have

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Lessons from the Civil War for America’s Fractured Present: Part Two

Timothy William Waters— Why Remembering the Civil War Matters: Talking about Belonging in America How we remember the Civil War matters for thinking about our increasingly fragile union today—how we talk about identity, belonging, and leaving. The war seems to offer an obvious moral model. But that solution dissolves when

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Lessons from the Civil War for America’s Fractured Present: Part One

Timothy William Waters— What We (Mis-)Remember about Our Reasons for Fighting America is now so polarized that serious people wonder if the country will hold together. The Atlantic devoted its December issue to “How to Stop a Civil War”—and the Atlantic, founded in 1857, covered the actual Civil War. As

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Who Owns Software?

Gerardo Con Diaz— When we own something, we can usually explain what that thing is. My car is an object that I recognize, and the blog posts I write are texts that I can identify rather quickly. It wouldn’t be difficult for me to tell whether someone took my car

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