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Constitutional Law - The Constitutionality Of The Adolescent Family Life Act: An Analysis Of Bowen V. Kendrick And Its Impact On Current Establishment Clause Jurisprudence, Thomas G. Walker
Campbell Law Review
This Note has four objectives: first, to examine the facts before the Court in Bowen; second, to provide a brief survey of several significant cases in the Establishment Clause arena; third, to critique the use of the traditional Lemon v. Kurtzman analysis applied by the Bowen Court; and fourth, to analyze the implications of the Bowen holding on Establishment Clause jurisprudence.
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
Campbell Law Review
Why have there been such wide divergences in the cases involving executive power to remove? This Article attempts a partial answer to that puzzle.
Constitutional Law - Prisoners' Rights - Recognition That Involuntary Exposure To Environmental Tobacco Smoke May Constitute Cruel And Unusual Punishment - Avery V. Powell, Robin Terry
Campbell Law Review
This Note will analyze how the ,em>Avery Court reached its conclusion. In addition, this Note will examine Avery's reliance on the Rhodes v. Chapman standard. The main thrust of this Note will be to demonstrate the widespread recognition of the harmful effects of ETS and how the Avery Court used that recognition to acknowledge plaintiff's cause of action.
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
Campbell Law Review
This article contends that the Missouri legislative statement is a theologically derived finding that personhood begins at the moment of conception. Such an inherently theological and controversial determination violates a core purpose of the establishment clause of the first amendment, the absolute prohibition against government preference of one religious sect or denomination over another and the placing of the state's imprimatur on a particular religious dogma. What follows is a synopsis of the religious debate over whether human life begins at conception. Next is a discussion of the statute in light of this debate in the context of establishment clause …