http://www.questionpresented.com (the blawg formerly known as Law School Chronicles) Wed, 08 Jul 2009 15:40:48 +0000 http://backend.userland.com/rss092 en This past Wednesday was Tax Day and to celebrate, many people organized protests, called "Tea Parties," to register their displeasure regarding the currentl levels of taxation in this country. In response to these gatherings, President Obama took the opportunity to plug his own tax cuts. He said, in part: Make no ... http://www.questionpresented.com/2009/04/20/whose-money/ Okay, this is definitely "old news" at this point, but I got to thinking about the fact that President Obama re-took the oath of office after switching some of the words around at his inauguration. The report linked concludes with this quote from White House counsel Greg Craig: We believe that ... http://www.questionpresented.com/2009/03/15/obamas-commitment-to-textual-originalism/ Today the California Supreme Court is hearing arguments about the contitutionality of the controversial Proposition 8 that was passed in November, amending the California constitution to prohibit homosexual marriage. Based on the things I have read and heard, it seems that many people are having a hard time understanding that ... http://www.questionpresented.com/2009/03/05/largest-civil-procedure-rally-in-history/ While I have no doubt that this is an enjoyable way to spend an afternoon, I would think that if you can accept the terms of a "click-wrap" license with a mouse, you can accept them with a cat. http://www.questionpresented.com/2009/02/19/manifestation-of-mew-tual-assent/ As with most legal questions, the answer is a resounding “it depends.” In one respect, there is a right to health care in this country. Various federal and state statutes mandate the provision of emergency health care even if the patient is unable to pay. Many more anti-discrimination laws focus ... http://www.questionpresented.com/2009/01/30/is-there-a-right-to-health-care-in-the-united-states/ In a culture that recoils at the very idea of teaching school children about the God of the Bible, one has to wonder about said culture's self-appointed commitment to "truth" when one reads a story like this. So what do you think? Is it the job of educators to impart ... http://www.questionpresented.com/2008/12/11/selective-truth/ Roe v. Wade and its progeny represent some of the most controversial Constitutional case law in American history. Recently, the Supreme Court has indicated a slight retreat from its virtual “abortion on demand” precedent over the past thirty five years, drawing accusations of judicial activism or legislation from the bench. ... http://www.questionpresented.com/2008/12/08/roe-v-wade-needs-to-be-terminated/ Students of Constitutional law spend a great deal of time learning about “levels of review” when studying the Supreme Court's substantive due process jurisprudence. Particularly in the context of the Fourteenth and Fifth Amendments, the Court applies this hierarchy of levels when balancing state interests against individual liberties. However, a ... http://www.questionpresented.com/2008/11/26/a-clever-ruse/ Healthcare law classes generally include a discussion of off-label uses for prescription medication. If you happen to become engaged in such a discussion, be sure to mention this story. http://www.questionpresented.com/2008/11/21/off-label-uses/ In perusing the post-election headlines, I ran across this story about Californians protesting the passage of the controversial "Proposition 8" which amended the state constitution to prohibit homosexual marriages. My purpose here is not to comment on the proposition or even the social issue at all. Rather, in reading the ... http://www.questionpresented.com/2008/11/06/democratic-protest/