Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Entire DC Network

Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson Nov 2017

Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson

The Catholic Lawyer

No abstract provided.


Gun Control: Political Fears Trump Crime Control, Clayton E. Cramer, Joseph Edward Olson Oct 2017

Gun Control: Political Fears Trump Crime Control, Clayton E. Cramer, Joseph Edward Olson

Maine Law Review

No matter how draconian, gun control laws are weakly enforced (at least in the United States) and seldom of any significant effect in reducing crime. The kind of citizen who will comply with a gun law is the opposite of the person who will use a gun to facilitate his or her crimes. The problem of weak enforcement is highlighted by a candid interview with the author of the District of Columbia’s 1968 gun registration scheme while the District’s 1975-76 gun ban was under consideration: The problem, [Hechinger] said, is the failure of the mayor and police department ...


Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal Oct 2017

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

Sonia Katyal

No abstract provided.


The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk Jun 2017

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Erwin Chemerinsky

Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of ...


The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk May 2017

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Catherine Fisk

Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of ...


Discrimination And Association, Caleb C. Wolanek Apr 2017

Discrimination And Association, Caleb C. Wolanek

Concordia Law Review

In September 2016, the United States Commission on Civil Rights issued a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In that report, the Commission argued that the law permits—and justice requires—that decision-makers prioritize nondiscrimination over civil liberties like freedom of religion and freedom of association. For example, the report endorsed the view that religious liberty should be limited as much as possible to freedom of belief; conduct “should conform to law.” This is because religion is discriminatory and can be used as a front for discriminatory activities. Nondiscrimination policies, in contrast, “are of preeminent importance ...


The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom?, Joseph J. Martins Jan 2017

The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom?, Joseph J. Martins

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The “Sovereigns Of Cyberspace” And State Action: The First Amendment’S Application (Or Lack Thereof) To Third-Party Platforms, Jonathan Peters Jan 2017

The “Sovereigns Of Cyberspace” And State Action: The First Amendment’S Application (Or Lack Thereof) To Third-Party Platforms, Jonathan Peters

Scholarly Works

Many scholars have commented that the state action doctrine forecloses use of the First Amendment to constrain the policies and practices of online service providers. But few have comprehensively studied this issue, and the seminal article exploring “[c]yberspace and the [s]tate [a]ction [d]ebate” is fifteen years old, published before the U.S. Supreme Court reformulated the federal approach to state action. It is important to give the state action doctrine regular scholarly attention, not least because it is increasingly clear that “the private sector has a shared responsibility to help safeguard free expression.” It is critical ...


How Much Is Police Brutality Costing America?, Eleanor Lumsden Jan 2017

How Much Is Police Brutality Costing America?, Eleanor Lumsden

Publications

The criminal law of the United States fails to stop the unlawful killing of minorities by law enforcement. In fact, it was never meant to do so. Civil tort law is also unequal to the task. The consequences of not correcting these legal failures are far-reaching for the United States and for our neighbors, and have so far been underreported. This article explores the direct and indirect costs of these failings, positive measures already underway, and makes further sugges-tions for reform.