Cornell Law Review Volume 90 Issue 1

Lee E. Teitelbaum

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The Pluralistic Foundations of the Religion Clauses

Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a […]

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Is the President Bound by the Geneva Conventions?

The United States is a party to several treaties that regulate the conduct of war, including the 1949 Geneva Conventions on the Protection of War Victims.  These treaties require belligerent states, as a matter of international law, to accord fair and humane treatment to enemy nationals subject to their authority in times of war.  Moreover, […]

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Prosecutorial Discretion as an Ethical Necessity: The Ashcroft Memorandum’s Curtailment of the Prosecutor’s Duty to “Seek Justice”

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