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Nebraska Law Review

2000

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A Call For A Modified Standard: The Supreme Court Struggles To Define When Private Organizations Can Discriminate In Contravention Of State Antidiscrimination Laws In Boy Scouts Of America V. Dale, 120 S. Ct. 2446 (2000), Sean B. Druyon Jan 2000

A Call For A Modified Standard: The Supreme Court Struggles To Define When Private Organizations Can Discriminate In Contravention Of State Antidiscrimination Laws In Boy Scouts Of America V. Dale, 120 S. Ct. 2446 (2000), Sean B. Druyon

Nebraska Law Review

Since the Civil Rights Act of 1964, the federal government has played a significant role in reducing invidious discrimination against individuals on the basis of race, religion, color, and national origin. In the wake of even broader state laws against discrimination lie many private organizations treading to stay afloat in what has become a tumultuous sea of clashing constitutional rights. These private organizations justify discriminatory membership policies on the grounds they engage in expressive association protected by the First Amendment, while individuals denied membership to these organizations claim equal protection of the law under the Fourteenth Amendment and under state …


School Regulation Of Exotic Body Piercing, Karen A. Haase Jan 2000

School Regulation Of Exotic Body Piercing, Karen A. Haase

Nebraska Law Review

I. Introduction

II. Body Piercing: The Latest Craze (and You Thought Pet Rocks Were Weird)

III. First Amendment Protection of Body Piercing (or How Can You Exercise Free Speech with That Thing in Your Mouth?) … A. Student First Amendment Rights … B. Body Piercings as “Speech”

IV. Fourteenth Amendment Protection of Body Piercing (or How Can You Even Mention “Rational” and “Body Piercing” in the Same Breath?)

V. Crafting a Constitutionally Acceptable Regulation … A. Health and Hygiene … B. Disruption … C. Discipline

VI. Conclusion


First Amendment Freedoms And The Encryption Export Battle: Deciphering The Importance Of Bernstein V. United States Department Of Justice, 176 F.3d 1132 (9th Cir. 1999), David Mcclure Jan 2000

First Amendment Freedoms And The Encryption Export Battle: Deciphering The Importance Of Bernstein V. United States Department Of Justice, 176 F.3d 1132 (9th Cir. 1999), David Mcclure

Nebraska Law Review

I. Introduction: Where Encryption Meets the First Amendment

II. Encryption and Its Importance Today ... A. Modern Encryption At Work ... B. Encryption Regulations

III. Bernstein v. United States Department of Justice

IV. The Battle and the First Amendment's Effect on It ... A. The Battle Lines ... B. Which Side Should the First Amendment Favor? ... C. Future Implications

V. Conclusion: The Greater Importance of Bernstein