Nationalism, Statism, and Cosmopolitanism
Robert J. Delahunty, University of St. Thomas School of Law
Nationalism is a significant factor in world affairs. It may well be on the rise in major states like China or Russia; and even in the West, supra-national projects like the European Union have encountered unexpected roadblocks in the wake of the financial crisis that began in 2008. Furthermore, demands for separate statehood by minority nationalities remain understandably powerful, as the recent cases of Kosovo and South Sudan demonstrate; the international environment continues to be favorable to the emergence of new states; and especially when national minorities are at risk of persecution or oppression, the international community should be sympathetic to their demands for political sovereignty. In the past, nationalism has often been an emancipating and ennobling force; and, in the right circumstances, it can be so again. Rather than fearing or condemning it uncritically, the global community and the international legal system should be prepared, in appropriate cases, to welcome and encourage it.
Forget Me Not: The Battle for Private Situs Roadside
Memorials in the Wake of American Atheists v. Duncan
Joseph M. Cox, Michigan State University College of Law
Courts have not come to a consensus on the constitutionality of one of the most ubiquitous forms of remembrance—roadside memorials. This article analyzes a hypothetical Establishment Clause challenge to a private situs roadside memorial through the lens of American Atheists v. Duncan, a Tenth Circuit case rendering several roadside memorials unconstitutional. The article finds that private situs roadside memorials are sufficiently distinguishable from the memorials at issue in American Atheists, which do not transgress the Establishment Clause. Furthermore, this article argues that legislation regulating or banning private situs roadside memorials is unconstitutional. In permitting the creation of private situs roadside memorials, the freedom and ability to remember fallen loved ones endures while the constitutional balance between government action and individual conscience embodied by the Religion Clauses remains secure.