US Law

2021. február 25. 20:06
“The United States began to follow a different political pattern than Western democracies traditionally had — one that escaped democratic accountability. Certain non-governmental actors, notably foundations, were now licensed to bring about political change — not through the people’s representatives in Congress, but through the courts and the regulatory agencies" – Christopher Caldwell pointed out in a conversation with Lénárd Sándor, researcher at the National University of Public Service.
2021. január 28. 20:18
It is far from clear what solution there might be to the problems raised by the digital platforms. Breaking up the platforms is likely to be temporary because network effects will be likely to cause the markets to tip back to large dominant players – Douglas Melamed, Professor of the Practice of Law at Stanford Law School pointed out in a conversation with Lénárd Sándor, researcher at the National University of Public Service.
2021. január 8. 20:41
Human rights are not primarily about legality but rather moral commitments and morally informed actions on a collective political level. That is the place of nation state sovereignty. Law can of course play an important role in codifying sovereign decisions, but laws cannot take the place of sovereignty – conversation with David Tse-Chien Pan.
2020. december 29. 14:34
“The ongoing debate over federalism was at the forefront of fighting slavery and a bloody Civil War and, later, dividing the country over such issues as enacting the New Deal, desegregating public schools, implementing capital punishment, regulating abortion rights, recognizing same-sex marriage, and protecting public safety by wearing masks and enduring lockdowns during a highly infectious, and deadly, pandemic” – Christopher Banks, professor at the Kent State University, pointed out in a conversation with Lénárd Sándor, researcher at the National University of Public Service.
2020. december 21. 22:19
"It is important to talk through how to visualize the preservation of a certain Christian identity in Europe and America, while retaining religious liberty for everyone" – Gerard Bradley, professor of law at the University of Notre Dame pointed out in a conversation with Lénárd Sándor, researcher at the National University of Public Service in Budapest.
2020. december 13. 15:57
“There appears to have always been a consensus that the United States should not set up a formal, national religious establishment, but it’s highly unlikely that the ratifiers codified a handbook for local school officials about things like holiday displays or prayers before football games.” – Richard Garnett, law professor at the University of Notre Dame pointed out in a conversation with Lénárd Sándor, researcher at the National University of Public Service on the principle of Federalism, the freedom of religion and the unique American way of life.
2020. december 10. 20:17
President Trump has run the most conservative administration in the post-World War II period. That older conservatism and Republicanism, which Trump has revived, favored an immigration policy that was more restrictionist and focused on assimilation and the importance of patriotic citizenship; had a more realistic and modest foreign policy; and passed trade policies that first and foremost looked to the health of the middle and working classes rather than merely national GDP or abstractions like “free trade.” – Ryan Williams, President of the Claremont Institute pointed out in a conversation with Lénárd Sándor, researcher of the National University of Public Service.
2020. november 5. 15:34
“Because John Roberts is less likely to be the swing vote now, there is more chance for a high consequence case that helps Trump even as it puts the court reputation at risk” – Jesse Richman pointed out in an interview on day after the 2020 presidential election.
2020. október 28. 16:18
Absentee voting happened for the first time on a grand scale during the American Civil War in the 1860s. There was some fraud in those elections but although the frauds were important, they were not enough to change the result of the election – Jonathan W. White, history professor at Christopher Newport University, pointed out.
2020. október 16. 17:53
“Law schools are still very reluctant to hire conservative and libertarian professors. At some point, I think it has to become educational malpractice if they are not hiring professors who can teach their students how to make originalist and textualist arguments before an increasingly originalist bench” – Dean Reuter pointed out in a conversation with Lénárd Sándor about the historny and role of the Federalist Society.
2020. október 8. 19:50
“It is easy to imagine scenarios in which the court might intervene, particularly if the election is close overall and in key states” – Jesse Richman, associate professor at Old Dominion University pointed out in a conversation with Lénárd Sándor about how the ongoing multiple crises, the key “swing states”, the remote forms of voting along with the empty Supreme Court seat might influence the outcome of the upcoming 2020 presidential election.
2020. szeptember 25. 21:53
The patent regime is designed to encourage invention and creation, and to strengthen the knowledge base of the public over time. However, newer ways of extracting revenue from patents are not what patents are intended to do, which is to incentivize innovation rather than suppress competition – Margaret Chon, Professor of Law at the Seattle University School of Law, pointed out in a conversation with Lénárd Sándor.
2020. szeptember 21. 19:48
Historically, the Supreme Court and the issue of judicial nominations has been a much more powerful one for Republican than Democrats. That may change this year, but of course in 2016, the Scalia vacancy and question about who would get to appoint his successor won Trump the election – Ilya Shapiro, director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute, pointed out in a conversation with Lénárd Sándor.
2020. szeptember 17. 19:38
"A major difficulty with the courts adopting aggressive interpretations of rights is that Americans are now, in important respects, ruled by unelected judges. On many fundamental matters, we no longer have the possibility of voting. This is anti-democratic. It also undermines the rule of law" - Renée Lettow Lerner, Professor of Law at the George Washington University Law School, pointed out in a conversation with Lénárd Sándor.
2020. július 21. 10:13
The “judicial politics” has been part of the history of America since the beginning. However, the organized, disciplined, and court-wide strategy of seeking federal judges who are reliable policy agents is a relatively recent phenomenon dating to the first Reagan administration – pointed by Stephen B. Burbank, Professor of Law at the University of Pennsylvania in a conversation with Lénárd Sándor, researcher at the National University of Public Service.
2020. május 12. 14:29
“We will get through these challenges and we will have learned new, more effective and efficient ways of working. That is the silver lining of the innovations that have been forced on us by the coronavirus pandemic” – pointed out by Chief Judge John R. Tunheim in a conversation with Lénárd Sándor, researcher at the National University of Public Service.
2020. február 3. 16:54
It is generally a mistake to have a one size fits all approach to human rights unless it only tries to identify the minimum that is appropriate for most humans under most circumstances. Movements beyond that on a global scale are not justified by the natural law tradition – pointed out by Lee J. Strang, Professor Law at University of Toledo and the author of Originalism’s Promise: A Natural Law Account of the American Constitution, in a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2020. január 27. 9:50
In close election races, the level of noncitizen immigrants participation is potentially enough to tip the outcome. Noncitizens are typically much more supportive of the Democratic Party, so if the outcomes are tipped, it is likely that they are tipped in favor of Democrats – pointed out by Jesse Richman, Professor of Political Science at Old Dominion University in a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2020. január 6. 17:59
“Popular movements have played a central role in constitutional transformations during the post-War era in both the United States and the European Union. Charismatic presidents have also revolutionized American constitutional law through transformative appointments to the Supreme Court.” – explains Bruce Ackerman, Sterling Professor at Yale Law School in a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. december 3. 11:14
The modern “administrative state” established its hegemony, without the necessity of establishing its political legitimacy. Political allegiance to the nation state is challenged by the public and private knowledge elites who obtained access to the rational structures that have established a global order comprised of national and international political institutions of governments, public and private organizations, and NGO’s – pointed out by John Marini, Professor of Political Science at the University of Nevada in a conversation in the interview series of Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. november 28. 18:20
The European Union has a mindset of “expert rule” and if it actually gets the structure and mechanism to enforce itself it would be much more devastating “administrative state problem” in Europe than in the United States. This is a worldwide debate we are having about modern ways of governing and we can hopefully fix it if we want to see the continued existence and flourishing of free governments – pointed out by Professor Matthew Spalding Associate Vice President and Dean of Educational Programs for Hillsdale College in Washington, D.C. in a conversation in the interview series of Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. október 29. 13:32
Conservative “Declarationists” argue that the content of the higher natural law has been consistently flouted by liberal Democrats, particularly as concerns “culture war” issues such as abortion rights, gay rights, the role of religion in public life, but also in their support more broadly of a modern, meliorist regulatory and administrative state – pointed out by Ken Kersch, Professor of Political Science at Boston College in a conversation in the interview series of Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. október 22. 13:28
Corporations in America have been “constitutional innovators” expanding the rights of ordinary people too but also their own powers against government regulation. Today challenges include the regulation of transnational business and large tech companies – pointed out by Adam Winkler, Professor of Law at the University of California in a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. október 16. 15:08
Natural law sets the standard by which the law could be judged to be unjust. And where the human law is judged to be unjust against the standard of natural law, it loses any power to bind our consciences. What is fundamental to natural law is the idea that every human being is the bearer of profound, inherent, and equal dignity - says Robert P. George, Professor of Law at Princeton University and one of the leading natural law scholars of America during a conversation in the interview series of Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. szeptember 28. 17:37
According to the American conception the disestablishment of a religion does not mean that religion needs to be excluded from public life. Driving all the religious acknowledgment out of the public sphere would be to show a kind of hostility toward religion which is out of keeping from our understanding of disestablishment which is not an antireligious move – pointed out by Michael W. McConnell, Professor of Law and Director of the Constitutional Law Center at Stanford Law School in a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. szeptember 2. 15:57
Rather than privacy, the fundamental question posed by modern technology is how to strike a balance between the freedom and liberty of the people, collectively and the powers of the government to conduct surveillance – pointed out by David Gray, Professor of Law at Francis King Carey School of Law at the University of Maryland in a conversation in the interview series of Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. július 15. 10:20
Instead of a “Lockian” society in which the government exists as the servant of people to protect the rights of individuals, centralization creates a kind of “Hobbesian” war. Once a “Leviathan” is created, you have to fight a “holy war” to control it because if you do not control it, then your political opponents would control it - says Randy Barnett, Professor of Law at Georgetown University during a conversation with Lénárd Sándor, researcher at the National University of Public Service in Hungary.
2019. július 3. 15:00
The pressure to standardize constitutions around the world is a pernicious assault on national autonomy and individual freedom by unelected elites who think they know what’s best for everyone else. I think it is very important to preserve the Second Amendment, as well as many other American rights that are unpopular with those who hope for an internationalization of constitutional law – says Nelson Lund, Professor of Law at Antonin Scalia School of Law, George Mason University during a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. június 26. 10:38
Technology is constantly changing the degree of privacy that people may expect, and the courts in response change constitutional rules to those new technologies. The effect is to try to maintain the same rough balance of privacy as technology changes– says Orin Kerr, Professor of Law at the University of Southern California Gould School of Law during a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. június 18. 16:16
The neoliberal revolution changed the fundamental political economic coding of our society and tech monopolies seek to capture and control over every single instition that is independent from them – says Barry Lynn, director of the Open Markets Institute in the course of a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest.
2019. június 5. 10:08
By focusing on human dignity and human relations, the Catholic legal education avoids the dangers of both individualism and collectivism – says Thomas C. Berg, professor of law at the University of St. Thomas and America’s leading scholar of law and religion during a conversation with Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service in Budapest, Hungary.
2019. április 30. 11:44
Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest, Hungary spoke with Ilya Shapiro, director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute, one of the most widely cited research organizations across America. Ilya Shapiro talked about the establishment and role of the Cato Institute along with its Center for Constitutional Studies; about the dangers of “increased centralization” and the “one-size-fits-all” approach in public policy decisions as well as about the important role of the Supreme Court in shielding states’ rights from the central government. In the course of the conversation Ilya Shapiro also shared his thoughts on the threats of the growing “administrative state” along with the “politicization of the judiciary” and on what Europeans could learn from this American experience. Last but not least, they touched upon contemporary constitutional challenges around the world such as the dilemma of free speech on private digital platforms.
2019. április 4. 14:01
Lénárd Sándor, researcher at the American Studies Research Institute of the National University of Public Service, located in Budapest, Hungary spoke with Professor Jeffrey Rosen, president of the National Constitution Center, professor of law at George Washington University and one of the leading constitutional scholars of America about the establishment and mission of the National Constitution Center; about the role of the U.S. Supreme Court in an increasingly polarized America, and about what the American experience on judicial activism is revealing. In the course of the conversation they also touched upon recent constitutional dilemmas brought by the digital era along with contemporary constitutional challenges around the world.

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