Randy Beck - Academia.edu (original) (raw)
Papers by Randy Beck
Social Science Research Network, May 22, 2014
would like to thank the other participants in this conference and the editors of the Washington a... more would like to thank the other participants in this conference and the editors of the Washington and Lee Law Review for their helpful comments on my Article. Thank you as well to Raqketa Williams for her research assistance. I join the editors in mourning the tragic loss of Lara Gass, a gracious and remarkable young woman who played a central role in organizing the conference and making the participants feel welcome. 1. See Roe v. Wade, 410 U.S. 113, 163 (1973) ("With respect to the State's important and legitimate interest in potential life, the 'compelling' point is at viability.").
SSRN Electronic Journal, 2022
Journal of Catholic Legal Studies, 2017
Discussion of possible relationship between video games and childhood violence. Includes consider... more Discussion of possible relationship between video games and childhood violence. Includes considerations of First-Amendment rights of manufacturers and implications of Schwarzenegger v. Entertainment Merchants Association
Several recent Supreme Court decisions evidence reinvigorated principles of federalism and an inc... more Several recent Supreme Court decisions evidence reinvigorated principles of federalism and an increased willingness to strike down legislation as beyond the power of Congress. In this article, Professor Beck considers this trend in light of the persistent debate surrounding the implied powers of Congress under the Necessary and Proper Clause. Because the Necessary and Proper Clause represents the outer boundary
![Research paper thumbnail of Christian Faith and Political Life: A Dialogue [with Jason Carter]](https://attachments.academia-assets.com/96299450/thumbnails/1.jpg)
](Scholarly Works, 2006
CHRISTIAN FAITH AND POLITICAL LIFE: A DIALOGUE Randy Beck* The proper relationship of the Christi... more CHRISTIAN FAITH AND POLITICAL LIFE: A DIALOGUE Randy Beck* The proper relationship of the Christian to the community's political and legal institutions has been a recurring issue since the earliest days of the church.1 The founder of Christianity sought no role in human ...
The now-abandoned trimester framework of Roe v. Wade evaluated abortion regulations based on th... more The now-abandoned trimester framework of Roe v. Wade evaluated abortion regulations based on the stage of pregnancy to which they applied.1 Central to this framework was the concept of fetal viability,2 the point at which the fetus is potentially able to live outside the ...
This conference was prompted by the prosecution of Dr. Kermit Gosnell, who ran an abortion clinic... more This conference was prompted by the prosecution of Dr. Kermit Gosnell, who ran an abortion clinic in Philadelphia, Pennsylvania. Dr. Gosnell was convicted in May of 2013 of charges arising from the killing of viable infants born in his clinic, the negligent death of an adult patient, and the systematic disregard of regulations governing the performance of abortions in Pennsylvania. 1 One question proposed for our consideration is whether Dr. Gosnell is an "outlier," a description offered by the National Abortion Federation following Gosnell's indictment. 2 Presumably, one might want to know whether Gosnell was typical of abortion providers because it could shed light on contested questions concerning the justification for new abortion regulations. If Gosnell is uncharacteristic of abortion providers, one might argue, then his prosecution does not suggest the need for additional oversight. In this short essay, on the other hand, I argue that whether or not we can currently identify more providers like Gosnell, and there may well be some, 3 his dangerous medical practice was a foreseeable consequence of the unsupervised market for abortion services in which he operated. Dr. Gosnell was able to routinely violate Pennsylvania law because Pennsylvania health officials decided access to abortion should be prioritized over monitoring compliance with regulations designed to ensure
Social Science Research Network, 2018
For hundreds of years prior to ratification of the U.S. Constitution, Anglo-American legislatures... more For hundreds of years prior to ratification of the U.S. Constitution, Anglo-American legislatures used qui tam legislation to enforce legal constraints on government officials. A qui tam statute allows a private informer to collect a statutory fine for illegal conduct, even if the informer lacks the particularized injury normally required for Article III standing. This essay explores whether qui tam regulation should be revived as a means of ensuring executive branch legal accountability
Journal of Law and Religion, 2017
The biblical authors often portray God as a royal judge who brings justice to a fallen creation. ... more The biblical authors often portray God as a royal judge who brings justice to a fallen creation. This portrayal analogizes God's role in governing humanity to the role played by judges in human legal systems. The divine judge, like human judges, investigates and evaluates conduct, measuring human acts against applicable laws. Like human judges, he fashions punishments and rewards to accomplish justice in light of the conduct disclosed.
Journal of Church and State, 2016
Washington and Lee Law Review, May 22, 2014
Book review of PRESIDENTIAL DEFIANCE OF "UNCONSTITUTIONAL" LAWS: REVIVING THE ROYAL PRE... more Book review of PRESIDENTIAL DEFIANCE OF "UNCONSTITUTIONAL" LAWS: REVIVING THE ROYAL PREROGATIVE, by Christopher N. May (Westport, CT: Greenwood Press, 1998).
SSRN Electronic Journal, 2015
The Utah statute may have been inspired by the Supreme Court's decision in Webster v. Reprod. Hea... more The Utah statute may have been inspired by the Supreme Court's decision in Webster v. Reprod. Health Servs., 492 U.S. 490 (1989), which upheld a state law requiring viability testing at twenty weeks' gestation. The Tenth Circuit declared the Utah statute invalid. See Jane L. v. Bangerter, 102 F.3d 1112, 1118 (10th Cir. 1996). Other state twenty-week statutes are of more recent origin. The statutes vary with respect to the precise terms for calculating when their restrictions apply. See ALA. CODE § 26-23B-5 (1975) ("postfertilization age of the unborn child of the woman is 20 or more weeks"); ARIZ. REV. STAT. § 36-2159(B) (2012) ("probable gestational age of her unborn child has been determined to be at least twenty weeks"); id. § 36-2151(4) (calculate gestational age from woman's last menstrual period); ARK. CODE § 20-16-1405(a)(1) (2013) ("post-fertilization age of the unborn child of the woman is twenty (20) or more weeks"); GA. CODE ANN., § 16-12-141(c)(1) (2012) ("probable gestational age of the unborn child has been determined.., to be twenty weeks or more"); id. § 31-9B-1 (5) (probable gestational age based on time from fertilization); IDAHO CODE ANN. § 18-505 (2013) ("probable postfertilization age of the woman's unborn child is twenty (20) or more weeks"); IND. Code § 16-34-2-1(a)(2) (2013) ("twenty (20) weeks of postfertilization age"); KAN. STAT, ANN. § 65-6724(a) (2011) (prohibiting abortion of "pain capable unborn child"); id. § 65-6723(d) (measuring "gestational age" from last menstrual period), id. § 65-6723(f) (defining "pain capable unborn child" as "gestational age of 22 weeks or more"); cf. id. § 65-67220) (finding unborn child capable of experiencing pain "20 weeks after fertilization"); LA REV. STAT. 40:1299.30.1(E)(1) (2012) ("probable postfertilization age of the woman's unborn child is twenty or more weeks"); MISS. CODE ANN. § 41-41-137 (2013) ("probable gestational age of the unborn child is twenty (20) or more weeks"); id. § 41-41-133(b) (measuring gestational age from 1187]
SSRN Electronic Journal, 2012
SSRN Electronic Journal, 2011
In a recent Yale Law Journal article, Linda Greenhouse and Reva Siegel question the received wisd... more In a recent Yale Law Journal article, Linda Greenhouse and Reva Siegel question the received wisdom that the Supreme Court's decision in Roe v. Wade generated a political backlash, inflaming conflict over abortion and damaging the political process. 1 The authors do not deny that Roe has served as a lightning rod in the culture wars. 2 The evidence they highlight, though, shows that political conflict over abortion predated the Roe opinion, spurred by the Catholic Church and by Republican Party strategists seeking to foster party realignment. 3 This enriched picture of the political and social landscape at the time of the decision undermines any simplistic suggestion that Roe served as "the sole cause of backlash" 4 or "single-handedly caused societal polarization and party realignment around the question of abortion." 5 At the same time, not all critiques of Roe based on its consequences for our shared political life are grounded in a simple belief that Roe "began conflict over abortion." 6 12-BECK.DOCX (DO NOT DELETE) 3/20/2012 2:08 PM 736 MARQUETTE LAW REVIEW [95:735 opinion as pouring fuel on the fire. 8 Her position seems immune to the authors' criticism that the backlash narrative discourages vindication of rights through the courts or counsels avoidance of adjudication. 9 Justice Ginsburg embraced the Roe litigation and the invalidation of the Texas statute by the Court, criticizing only the breadth of the opinion, which constitutionalized abortion rights far broader than necessary to invalidate either the Texas statute in Roe 10 or the Georgia statute at issue in the companion case of Doe v. Bolton.
SSRN Electronic Journal, 2009
See infra notes 48-71 and accompanying text. 22 See infra notes 72-98 and accompanying text. 27 S... more See infra notes 48-71 and accompanying text. 22 See infra notes 72-98 and accompanying text. 27 See, e.g., Stenberg v. Carhart, 530 U.S. 914, 930 (2000) (striking down the Nebraska partial birth abortion ban, which applied before and after viability); Casey, 505 U.S. at 893-94 (spousal notification requirement, which applied prior to viability, invalidated as a substantial obstacle to abortion); Planned Parenthood Ass'n of Kan. City v. Ashcroft, 462 U.S. 476, 481-82 (1983) (requirement that second trimester abortions be performed in a hospital unreasonably infringed on abortion rights); Colautti v. Franklin, 439 U.S. 379, 389-94 (1979) (striking down an act imposing a standard of care in the performance of an abortion where the fetus "may be viable"). 28 See infra notes 108-148 and accompanying text. 29 See infra notes 31-47 and accompanying text. 30 See infra notes 48-98 and accompanying text.
Georgia Law Review, 2006
The 2004 presidential election has generated a wide-ranging discussion of the role of religion in... more The 2004 presidential election has generated a wide-ranging discussion of the role of religion in public life. Well before the election, Jason Carter, grandson of former President Jimmy Carter, anticipated the difficulties the political left would experience in attracting the votes ...
Social Science Research Network, May 22, 2014
would like to thank the other participants in this conference and the editors of the Washington a... more would like to thank the other participants in this conference and the editors of the Washington and Lee Law Review for their helpful comments on my Article. Thank you as well to Raqketa Williams for her research assistance. I join the editors in mourning the tragic loss of Lara Gass, a gracious and remarkable young woman who played a central role in organizing the conference and making the participants feel welcome. 1. See Roe v. Wade, 410 U.S. 113, 163 (1973) ("With respect to the State's important and legitimate interest in potential life, the 'compelling' point is at viability.").
SSRN Electronic Journal, 2022
Journal of Catholic Legal Studies, 2017
Discussion of possible relationship between video games and childhood violence. Includes consider... more Discussion of possible relationship between video games and childhood violence. Includes considerations of First-Amendment rights of manufacturers and implications of Schwarzenegger v. Entertainment Merchants Association
Several recent Supreme Court decisions evidence reinvigorated principles of federalism and an inc... more Several recent Supreme Court decisions evidence reinvigorated principles of federalism and an increased willingness to strike down legislation as beyond the power of Congress. In this article, Professor Beck considers this trend in light of the persistent debate surrounding the implied powers of Congress under the Necessary and Proper Clause. Because the Necessary and Proper Clause represents the outer boundary
Scholarly Works, 2006
CHRISTIAN FAITH AND POLITICAL LIFE: A DIALOGUE Randy Beck* The proper relationship of the Christi... more CHRISTIAN FAITH AND POLITICAL LIFE: A DIALOGUE Randy Beck* The proper relationship of the Christian to the community's political and legal institutions has been a recurring issue since the earliest days of the church.1 The founder of Christianity sought no role in human ...
The now-abandoned trimester framework of Roe v. Wade evaluated abortion regulations based on th... more The now-abandoned trimester framework of Roe v. Wade evaluated abortion regulations based on the stage of pregnancy to which they applied.1 Central to this framework was the concept of fetal viability,2 the point at which the fetus is potentially able to live outside the ...
This conference was prompted by the prosecution of Dr. Kermit Gosnell, who ran an abortion clinic... more This conference was prompted by the prosecution of Dr. Kermit Gosnell, who ran an abortion clinic in Philadelphia, Pennsylvania. Dr. Gosnell was convicted in May of 2013 of charges arising from the killing of viable infants born in his clinic, the negligent death of an adult patient, and the systematic disregard of regulations governing the performance of abortions in Pennsylvania. 1 One question proposed for our consideration is whether Dr. Gosnell is an "outlier," a description offered by the National Abortion Federation following Gosnell's indictment. 2 Presumably, one might want to know whether Gosnell was typical of abortion providers because it could shed light on contested questions concerning the justification for new abortion regulations. If Gosnell is uncharacteristic of abortion providers, one might argue, then his prosecution does not suggest the need for additional oversight. In this short essay, on the other hand, I argue that whether or not we can currently identify more providers like Gosnell, and there may well be some, 3 his dangerous medical practice was a foreseeable consequence of the unsupervised market for abortion services in which he operated. Dr. Gosnell was able to routinely violate Pennsylvania law because Pennsylvania health officials decided access to abortion should be prioritized over monitoring compliance with regulations designed to ensure
Social Science Research Network, 2018
For hundreds of years prior to ratification of the U.S. Constitution, Anglo-American legislatures... more For hundreds of years prior to ratification of the U.S. Constitution, Anglo-American legislatures used qui tam legislation to enforce legal constraints on government officials. A qui tam statute allows a private informer to collect a statutory fine for illegal conduct, even if the informer lacks the particularized injury normally required for Article III standing. This essay explores whether qui tam regulation should be revived as a means of ensuring executive branch legal accountability
Journal of Law and Religion, 2017
The biblical authors often portray God as a royal judge who brings justice to a fallen creation. ... more The biblical authors often portray God as a royal judge who brings justice to a fallen creation. This portrayal analogizes God's role in governing humanity to the role played by judges in human legal systems. The divine judge, like human judges, investigates and evaluates conduct, measuring human acts against applicable laws. Like human judges, he fashions punishments and rewards to accomplish justice in light of the conduct disclosed.
Journal of Church and State, 2016
Washington and Lee Law Review, May 22, 2014
Book review of PRESIDENTIAL DEFIANCE OF "UNCONSTITUTIONAL" LAWS: REVIVING THE ROYAL PRE... more Book review of PRESIDENTIAL DEFIANCE OF "UNCONSTITUTIONAL" LAWS: REVIVING THE ROYAL PREROGATIVE, by Christopher N. May (Westport, CT: Greenwood Press, 1998).
SSRN Electronic Journal, 2015
The Utah statute may have been inspired by the Supreme Court's decision in Webster v. Reprod. Hea... more The Utah statute may have been inspired by the Supreme Court's decision in Webster v. Reprod. Health Servs., 492 U.S. 490 (1989), which upheld a state law requiring viability testing at twenty weeks' gestation. The Tenth Circuit declared the Utah statute invalid. See Jane L. v. Bangerter, 102 F.3d 1112, 1118 (10th Cir. 1996). Other state twenty-week statutes are of more recent origin. The statutes vary with respect to the precise terms for calculating when their restrictions apply. See ALA. CODE § 26-23B-5 (1975) ("postfertilization age of the unborn child of the woman is 20 or more weeks"); ARIZ. REV. STAT. § 36-2159(B) (2012) ("probable gestational age of her unborn child has been determined to be at least twenty weeks"); id. § 36-2151(4) (calculate gestational age from woman's last menstrual period); ARK. CODE § 20-16-1405(a)(1) (2013) ("post-fertilization age of the unborn child of the woman is twenty (20) or more weeks"); GA. CODE ANN., § 16-12-141(c)(1) (2012) ("probable gestational age of the unborn child has been determined.., to be twenty weeks or more"); id. § 31-9B-1 (5) (probable gestational age based on time from fertilization); IDAHO CODE ANN. § 18-505 (2013) ("probable postfertilization age of the woman's unborn child is twenty (20) or more weeks"); IND. Code § 16-34-2-1(a)(2) (2013) ("twenty (20) weeks of postfertilization age"); KAN. STAT, ANN. § 65-6724(a) (2011) (prohibiting abortion of "pain capable unborn child"); id. § 65-6723(d) (measuring "gestational age" from last menstrual period), id. § 65-6723(f) (defining "pain capable unborn child" as "gestational age of 22 weeks or more"); cf. id. § 65-67220) (finding unborn child capable of experiencing pain "20 weeks after fertilization"); LA REV. STAT. 40:1299.30.1(E)(1) (2012) ("probable postfertilization age of the woman's unborn child is twenty or more weeks"); MISS. CODE ANN. § 41-41-137 (2013) ("probable gestational age of the unborn child is twenty (20) or more weeks"); id. § 41-41-133(b) (measuring gestational age from 1187]
SSRN Electronic Journal, 2012
SSRN Electronic Journal, 2011
In a recent Yale Law Journal article, Linda Greenhouse and Reva Siegel question the received wisd... more In a recent Yale Law Journal article, Linda Greenhouse and Reva Siegel question the received wisdom that the Supreme Court's decision in Roe v. Wade generated a political backlash, inflaming conflict over abortion and damaging the political process. 1 The authors do not deny that Roe has served as a lightning rod in the culture wars. 2 The evidence they highlight, though, shows that political conflict over abortion predated the Roe opinion, spurred by the Catholic Church and by Republican Party strategists seeking to foster party realignment. 3 This enriched picture of the political and social landscape at the time of the decision undermines any simplistic suggestion that Roe served as "the sole cause of backlash" 4 or "single-handedly caused societal polarization and party realignment around the question of abortion." 5 At the same time, not all critiques of Roe based on its consequences for our shared political life are grounded in a simple belief that Roe "began conflict over abortion." 6 12-BECK.DOCX (DO NOT DELETE) 3/20/2012 2:08 PM 736 MARQUETTE LAW REVIEW [95:735 opinion as pouring fuel on the fire. 8 Her position seems immune to the authors' criticism that the backlash narrative discourages vindication of rights through the courts or counsels avoidance of adjudication. 9 Justice Ginsburg embraced the Roe litigation and the invalidation of the Texas statute by the Court, criticizing only the breadth of the opinion, which constitutionalized abortion rights far broader than necessary to invalidate either the Texas statute in Roe 10 or the Georgia statute at issue in the companion case of Doe v. Bolton.
SSRN Electronic Journal, 2009
See infra notes 48-71 and accompanying text. 22 See infra notes 72-98 and accompanying text. 27 S... more See infra notes 48-71 and accompanying text. 22 See infra notes 72-98 and accompanying text. 27 See, e.g., Stenberg v. Carhart, 530 U.S. 914, 930 (2000) (striking down the Nebraska partial birth abortion ban, which applied before and after viability); Casey, 505 U.S. at 893-94 (spousal notification requirement, which applied prior to viability, invalidated as a substantial obstacle to abortion); Planned Parenthood Ass'n of Kan. City v. Ashcroft, 462 U.S. 476, 481-82 (1983) (requirement that second trimester abortions be performed in a hospital unreasonably infringed on abortion rights); Colautti v. Franklin, 439 U.S. 379, 389-94 (1979) (striking down an act imposing a standard of care in the performance of an abortion where the fetus "may be viable"). 28 See infra notes 108-148 and accompanying text. 29 See infra notes 31-47 and accompanying text. 30 See infra notes 48-98 and accompanying text.
Georgia Law Review, 2006
The 2004 presidential election has generated a wide-ranging discussion of the role of religion in... more The 2004 presidential election has generated a wide-ranging discussion of the role of religion in public life. Well before the election, Jason Carter, grandson of former President Jimmy Carter, anticipated the difficulties the political left would experience in attracting the votes ...