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Alex Glashausser
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Alex Glashausser is a professor of law at Washburn University School of Law in Topeka, Kansas. After receiving his B.A. from Harvard and his J.D. from Duke, he clerked for the Honorable Albert J. Engel on the U.S. Court of Appeals for the Sixth Circuit. He then practiced law at Vorys, Sater, Seymour and Pease LLP in Columbus, Ohio, and taught as an adjunct at the Ohio State University College of Law before going to Washburn, where he spent four years as the associate dean for academic affairs. He has written widely about federal courts and international law.

Entries by Alex Glashausser

The Same-Sex Marriage Decision Had Everything to Do With the Constitution

(5) Comments | Posted July 9, 2015 | 6:06 AM

At the close of his dissent from the five-to-four decision in the Obergefell case granting same-sex couples the constitutional right to marry, Chief Justice John Roberts pouted. "Celebrate," he sniffed, sounding as festive as Ebenezer Scrooge. "But do not celebrate the Constitution. It had nothing to do with...

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Three Heads (of Government) Are Better Than One

(0) Comments | Posted July 3, 2015 | 12:17 PM

With its multitude of heads, the Hydra of Greek mythology must have faced internal dissension. How did it resolve basic questions such as whom to attack? Or perennial puzzlers such as whether Jerusalem is in Israel? In his "second labor," Hercules used his golden sword to slay the Hydra, so...

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The Danger of Disrobing the Judiciary

(71) Comments | Posted June 16, 2015 | 11:30 AM

Artful advocates advise this about addressing the court: if the facts are on your side, pound the facts; if the law is on your side, pound the law; if neither is on your side, pound the table. Adding to that adage, pusillanimous politicians propose undressing the court: if you fear...

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The Impotent Plenipotentiary

(0) Comments | Posted June 13, 2014 | 12:31 PM

Legal doctrine has spawned many a colorful character. The fertile octogenarian. (Her hypothetical existence bars certain restrictions on transfers by will.) The unborn widow. (She too prevents some bequeathals.) And now in the case of Bond v. United States, Justice Antonin Scalia's opinion about the status of treaties...

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Which to Execute: A Prisoner or a Treaty?

(4) Comments | Posted January 22, 2014 | 5:32 PM

Edgar Tamayo, a Mexican, faces imminent execution in Texas for a murder he committed in Houston. But he has allies of a sort in the Netherlands and Austria. Several years ago, the International Court of Justice (ICJ), which sits in The Hague, directed the United States to take another look...

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Doing Nothing Is a Right, But Is It Right?

(13) Comments | Posted September 12, 2013 | 10:02 AM

President Obama recently said that in the face of hundreds of Syrian children slaughtered by chemical weapons, he could not accept that the United States might "do nothing." Yet isolationists and internationalists alike are proposing essentially that. Whether as a reaction to genocide (ignoring Rwanda) or terracide (failing...

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Guns, Grenades and Graffiti

(56) Comments | Posted May 14, 2013 | 12:16 PM

Prisoners have a right to food. The menu options, however, are meager. The Big House is no steakhouse. It is not unusual, of course, for a right to be confined. The "freedom of speech" enshrined in the First Amendment does not cover every spoken word. As anyone who has plagiarized...

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A Gay Old, and New, Time at the Supreme Court

(1) Comments | Posted March 28, 2013 | 9:36 AM

When Mark Twain wrote in 1894, "My business and your law practice ought to make a pretty gay team," he was not musing about the sexual orientation of the occupations. To be sure, the law has long been said to be a jealous mistress, and if corporations are...

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A Modest Pro-gun-posal

(0) Comments | Posted February 4, 2013 | 7:12 PM

President Obama does not believe that the mentally ill count under the Constitution as "people." How else to explain his recent executive orders designed to stop them from getting guns? The supposedly compassionate left, so quick to howl about rights, even ones not mentioned in the Constitution, has callously written...

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A Colorblind Spot in the Fourteenth Amendment?

(1) Comments | Posted January 7, 2013 | 4:41 PM

The skin-deep appeal of a "colorblind Constitution" is easy to see. Dissenting in Plessy v. Ferguson, the 1896 Supreme Court decision that made "separate but equal" the law of the land, Justice John Marshall Harlan defiantly insisted that "our Constitution is color-blind." NAACP lawyers understandably embraced that construct as a...

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The Switch in Tax That Saved the Affordable Care Act

(1) Comments | Posted July 2, 2012 | 2:43 PM

Lying in bed is one thing. Lying in court is another. As lawyers know full well, context affects meaning. In an opinion for the federal court of appeals in New York, Judge Guido Calabresi once expressed that truth memorably: "'You should have passed, dummy,' means something entirely different at a...

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The Last Word on the Debt Ceiling

(1) Comments | Posted June 19, 2012 | 2:59 PM

"Everbody freeze! Everbody down on the ground!" So orders an armed but hapless bank robber in the clipped dialect of the Coen brothers' screenplay for the farcical comedy Raising Arizona. His life on the line, a teller seeks clarification: "You want I should freeze or get down on the ground?...

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Taking Care of Our Constitution

(18) Comments | Posted April 3, 2012 | 10:25 PM

"We Take Care of Our Own" is the lead single from Bruce Springsteen's latest release. The expression also sums up how we treat people with health emergencies. For all the talk about the threat to the Constitution posed by the Patient Protection and Affordable Care Act, or "Obamacare," there has...

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"It" Is the Supreme Court's Jurisdiction -- and Congress Can't Take Exception

(3) Comments | Posted February 22, 2012 | 3:15 PM

The federal judiciary, with its life tenure for unelected judges, has long been a punching bag in certain arenas. Several presidential candidates have recently taken jabs. Rick Santorum has resolved to "fight back" against "judicial tyranny." Newt Gingrich used that same rhetoric in an interview last month...

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