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Articles 31 - 57 of 57
Full-Text Articles in Law
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
Cornell Law Faculty Publications
In Zelman v. Simmons-Harris, the United States Supreme Court held-by a vote of 5 to 4-that the funding of religious schools with taxpayer money through voucher programs does not violate the Establishment Clause of the United States Constitution. Emboldened by this success, voucher proponents now attack state constitutional provisions (often called "Blaine Amendments") that prohibit taxpayer funding of religious schools. These state provisions, which may stand in the way of religious-school voucher programs, are attacked as violative of the federal Constitution, rooted in anti-religious bias, or otherwise illegal or unwise.
It is my view that efforts to force states …
Liberalism And The Establishment Clause, Steven H. Shiffrin
Liberalism And The Establishment Clause, Steven H. Shiffrin
Cornell Law Faculty Publications
Every political theory tolerates some things and not others. Every political theory promotes a particular kind of person even if it denies it is doing so. But the best liberalism does not confine itself to promoting a Rawlsian-tolerant citizen. Liberalism, like conservatism, has greater ambitions in the socialization of the young. The best liberalism, a neo-Millian liberalism, promotes a creative, independent, autonomous, engaged citizen and human being who works with others to make for a better society and speaks out against unjust customs, habits, institutions, traditions, hierarchies, and authorities.
Although government may promote a particular conception of the good life, …
School Vouchers And The Constitution - Permissible, Impermissible, Or Required?, Gary J. Simson
School Vouchers And The Constitution - Permissible, Impermissible, Or Required?, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
Cornell Law Faculty Publications
Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Cornell Law Faculty Publications
The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
A Reply To Professor Krotoszynski, Steven H. Shiffrin
A Reply To Professor Krotoszynski, Steven H. Shiffrin
Cornell Law Faculty Publications
A reply to Ronald J. Krotoszynski, Jr.'s review of the author's book, Dissent, Injustice, and the Meanings of America.
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Cornell Law Faculty Publications
No abstract provided.
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Religion And Democracy, Steven H. Shiffrin
Religion And Democracy, Steven H. Shiffrin
Cornell Law Faculty Publications
Should citizens armed with religious reasons for public policy outcomes present those reasons in the public forum or otherwise rely on them in making decisions? Those questions have produced a flurry of scholarship, both within and outside of the law. Moreover, as Kent Greenawalt's work richly demonstrates, these related questions raise many more questions still. Do the answers to those questions differ, for example, if the citizen is a judge, a legislator, a columnist, a religious leader, or a "mere" voter? Are some religious reasons acceptable for presentation in a public forum, but not others?
If one holds a constricted …
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Cornell Law Faculty Publications
The Concept Of Religion, Eduardo M. Peñalver
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Cornell Law Faculty Publications
The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin
The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin
Cornell Law Faculty Publications
Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson
Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise
Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin
The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin
Cornell Law Faculty Publications
Government Speech, Steven H. Shiffrin
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Cornell Law Faculty Publications
In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …
Compulsory Disclosure And The First Amendment - The Scope Of Judicial Review, Robert B. Kent
Compulsory Disclosure And The First Amendment - The Scope Of Judicial Review, Robert B. Kent
Cornell Law Faculty Publications
Involvement of the Supreme Court of the United States with highly charged public issues understandably occasions fresh debate concerning the proper role of the Court in determining questions of ultimate governmental power, in short, debate over the doctrine of judicial review.
As it is sometimes difficult for the judge to distinguish between what is unconstitutional and what is merely unwise, so it is difficult for the critic to disassociate his reaction to the results reached in a given case from his evaluation of the competence of the particular judicial performance. For some the failure to draw such a line robs …