Monthly Archives: July 2019
Professor Forte’s Publishes Book Chapter on “Conscience and Republican Government”
Professor David Forte has authored a chapter, titled Conscience and Republican Government, in the just-published book, Contemporary Challenges to Conscience, Aleksander Stepkowski, ed., published by Peter Lang. The book includes contributions from a variety of authors on the challenge of reconciling the state’s claim to uniform application of the law with the individual’s claim to the dictates of conscience.
Professor Forte’s chapter examines the various models, in American political history, for managing this dilemma between absolute state sovereignty and individual conscience. He contends that “there is no single formula of governance that can guarantee the right of conscience,” explaining that the American tradition contains a number of different mechanisms for appropriately protecting individual conscience: (1) infusing the political sovereign with the principles of natural law; (2) limiting political power through divisions of authority; (3) creating regimes of individual rights; and (4) leaving religion a sphere of self-governing independence separate from the sovereign.
“In the end,” Professor Forte concludes, “the struggle for rights of conscience is a struggle to affirm the nature of the human person, his reason, and his liberty.”
Dean Fisher Discusses Mueller Testimony on WKYC Channel 3
Dean Lee Fisher was a featured guest on WKYC Channel 3’s evening news broadcast. Dean Fisher, along with Cuyahoga County Republican Party Chair Rob Frost, discussed the testimony of Special Counsel Robert Mueller. Dean Fisher argued that the key take-aways from Mueller’s testimony are that Russia attempted to influence the 2016 presidential election in favor of President Trump, and that Mueller’s report does not exonerate President Trump on possible obstruction of justice. He observed that throughout the hearing, both Republicans and Democrats simply emphasized the parts of the Mueller report they already agreed with, and that it was unlikely that Mueller’s testimony changed anyone’s mind.
The segment can be seen here.
Professor Forte Featured in Wall Street Journal on Pro-Life Movement
On July 17, Professor David Forte was featured in a front-page Wall Street Journal article on emerging divisions within the pro-life movement. While pro-life activists have long sought to steadily impose new limitations on Roe v. Wade, a new group of activists have pressed for a more aggressive legislative strategy with the goal of overturning Roe.
The article discusses Professor Forte’s role in the pro-life movement’s development of “heartbeat” bills. The article explains that Professor Forte “seized on medical research indicating cardiac activity was a key predictor of infant survival. He wrote an analysis that framed legislation not as a blunt attack on Roe, but as flowing out of the doctrine of Roe and later Supreme Court cases.” Professor Forte advanced the argument to state legislators “that the viability standard was too ambiguous and subject to varying opinions,” and instead proposed that “detection of cardiac activity is a clearer, more precise dividing line, and would offer conservative Supreme Court justices an attractive alternative.”
The article is available to subscribers here.
Sagers Speaks With International Press on Big-Tech Antitrust Investigations; Interviews with Corporate Counsel on New Book
Professor Lewis Elected to American Law Institute
Browne Lewis, the Leon and Gloria Plevin Professor of Law, has been elected to membership in the American Law Institute (ALI). The ALI is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. The ALI drafts and publishes Restatements of the Law, Model Codes, and Principles of Law, which are extremely influential in the courts and legislatures, as well as in legal scholarship and education. ALI members are elected on the basis of professional achievement and demonstrated interest in improving the law.