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A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude
A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Poland's 1997 Constitution In Its Historical Context, Daniel H. Cole
Poland's 1997 Constitution In Its Historical Context, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson
Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle
Articles by Maurer Faculty
This article discusses and analyzes City of Boerne v. Flores, the Supreme Court's 1997 decision invalidating the Religious Freedom Restoration Act of 1993 (RFRA) as applied to state and local governments, and it explores a variety of ways in which Congress might respond to Boerne with legislation that might survive constitutional scrutiny. In particular, the article addresses the following statutory possibilities: more narrowly tailored legislation grounded on Section 5 of the Fourteenth Amendment; RFRA-like legislation grounded on Congress's power over interstate commerce or its power to implement treaties; and spending-power legislation imposing RFRA-like conditions on the receipt of federal funding …