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- Free Exercise Clause (2)
- Citizens United v. FEC (1)
- Compelled speech (1)
- Concession theory (1)
- Corporate theory (1)
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- Court-appointed counsel (1)
- Establishment Clause (1)
- Foreign law (1)
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- Indigency (1)
- Inmates (1)
- Islamic law (1)
- Military chaplains (1)
- Native American religious rights (1)
- Native American symbols (1)
- Oklahoma (1)
- Political speech (1)
- Prisoner rights (1)
- Religious accommodation (1)
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- Tribal imagery (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin
Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin
American Indian Law Review
No abstract provided.
Sacred Rain Arrow: Honoring The Native American Heritage Of The States While Balancing The Citizens' Constitutional Rights, Amelia Coates
Sacred Rain Arrow: Honoring The Native American Heritage Of The States While Balancing The Citizens' Constitutional Rights, Amelia Coates
American Indian Law Review
Many states’ histories and traditions are steeped heavily in Native American culture, which explains why tribal imagery and symbolism are prevalent in official state paraphernalia such as license plates, flags, and state seals. Problems arise for states using Native American artwork when a citizen takes offense to the religious implications of Native American depictions, and objects to having it displayed on any number of items. This Comment will examine the likely outcome of cases involving Establishment Clause and compelled speech claims arising from Native American images and propose a solution for balancing the constitutional rights of the citizens while still …
Oklahoma's Indigency Determination Scheme: A Call For Uniformity, Carrie Savage Phillips
Oklahoma's Indigency Determination Scheme: A Call For Uniformity, Carrie Savage Phillips
Oklahoma Law Review
No abstract provided.
Foreign Law In American Courts, Eugene Volokh
Foreign Law In American Courts, Eugene Volokh
Oklahoma Law Review
No abstract provided.
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Oklahoma Law Review
Under existing precedent, portions of the military chaplaincy program are unconstitutional. Although presenting at least the appearance of the “establishment” of religion, the military chaplaincy program has never been successfully challenged on constitutional grounds—despite its history of more than two centuries. The only court that has directly confronted the issue upheld the military chaplaincy based on what appears to be a counter-intuitive application of the Free Exercise Clause. Namely, the military chaplaincy program ensures the free exercise rights of service members who, because of their military service, would otherwise be deprived of access to religious services. And indeed, when a …
Rehabilitating Concession Theory, Stefan Padfield
Rehabilitating Concession Theory, Stefan Padfield
Oklahoma Law Review
In Citizens United v. FEC, a 5-4 majority of the Supreme Court ruled that “the Government cannot restrict political speech based on the speaker's corporate identity.” The decision remains controversial, with many arguing that the Court effectively overturned more than 100 years of precedent. I have previously argued that this decision turned on competing conceptions of the corporation, with the majority adopting a contractarian view while the dissent advanced a state concession view. However, the majority opinion was silent on the issue of corporate theory, and the dissent went so far as to expressly disavow any role for corporate …