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Constitutional Law

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Golden Gate University School of Law

2010

United states constitution

Articles 1 - 3 of 3

Full-Text Articles in Law

Code Of Silence: Police Shootings And The Right To Remain Silent, Robert M. Myers Sep 2010

Code Of Silence: Police Shootings And The Right To Remain Silent, Robert M. Myers

Golden Gate University Law Review

Two events in September 1995 gave the public a brief glimpse of law enforcement officers asserting the Fifth Amendment privilege. In the "trial of the century," Los Angeles Police Department Detective Mark Fuhrman asserted the privilege during the O.J. Simpson murder trial in response to questions concerning whether he planted evidence or provided truthful testimony. A week later, an FBI agent asserted the privilege in response to a Senate committee's inquiry concerning the shootout at Ruby Ridge, Idaho. These highly publicized exercises of the privilege are rare. For the most part, invocations of the privilege by the police are a …


Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah: A Reader's Companion To Contemporary Free Exercise Jurisprudence And The Right To Perform Ritual Animal Sacrifice, Rod M. Fliegel Sep 2010

Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah: A Reader's Companion To Contemporary Free Exercise Jurisprudence And The Right To Perform Ritual Animal Sacrifice, Rod M. Fliegel

Golden Gate University Law Review

Contemporary scholars have devoted ample attention to the Court's free exercise jurisprudence. The scope of this comment is thus appropriately limited to consideration of the fundamental free exercise questions presented by Hialeah. Although some review is obviously necessary, this comment is not intended as a comprehensive discussion of recent free exercise cases. Principally, issues which remain unresolved in the wake of the Court's Smith decision will be addressed, including the following. Observing that "neutrality" is the cornerstone of the Smith decision, what evidence may properly be considered when making the neutrality assessment? Will facial-neutrality be dispositive? Additionally, assuming that Smith …


Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt Sep 2010

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt

Golden Gate University Law Review

In this article, I will first review the Court's Establishment Clause jurisprudence to date, with special attention to the issue of school prayer. Second, I will synthesize the major historical arguments driving the Court's analysis in this area. Third, I will summarize and analyze the opinions in Lee, their impact on existing jurisprudence and their importance for future cases in this area.