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Locating Free-Exercise Most-Favored-Nation-Status (Mfn) Reasoning In Constitutional Context, Alan E. Brownstein, Vikram David Amar Jan 2023

Locating Free-Exercise Most-Favored-Nation-Status (Mfn) Reasoning In Constitutional Context, Alan E. Brownstein, Vikram David Amar

Loyola University Chicago Law Journal

This Article examines the theoretical and doctrinal origins and consequences of a potentially game-changing approach to processing claims brought under the Free Exercise Clause of the First Amendment. Since 1990, and the decision in Employment Division v. Smith, the Court has read that Clause not to require accommodation of religious activity via exemptions from religion-neutral and generally applicable laws and regulations. What the Free Exercise Clause does prohibit, according to Smith, is government action targeting or discriminating against religion. But the Court’s decision a year ago in Tandon v. Newsom provides some powerful evidence about how this doctrine …


Justice Alito, Originalism, And The Aztecs, Andrew Koppelman Jan 2023

Justice Alito, Originalism, And The Aztecs, Andrew Koppelman

Loyola University Chicago Law Journal

No abstract provided.


Constructing The Establishment Clause, Vincent Phillip Muñoz, Kate Hardiman Rhodes Jan 2023

Constructing The Establishment Clause, Vincent Phillip Muñoz, Kate Hardiman Rhodes

Loyola University Chicago Law Journal

In this Article, we attempt to document how the history of the Supreme Court’s Establishment Clause jurisprudence is a history of constructionism, much of it—though not all—originalist in flavor. We use “construction” in a technical sense and in contradistinction to “interpretation.” Construction is the act of importing meaning into the constitutional text. To document and explain how leading Supreme Court justices have engaged in originalist constructionism, we employ the interpretation-construction distinction as well as two additional analytical concepts recently discussed by leading legal scholars: Sam Bray’s recovery of “the mischief rule” and Jack Balkin’s textual typology of principles, standards, and …


The Establishment Clause, Civil Rights, And The Accomodationist Path Forward, Lisa Shaw Roy Jan 2023

The Establishment Clause, Civil Rights, And The Accomodationist Path Forward, Lisa Shaw Roy

Loyola University Chicago Law Journal

The U.S. Supreme Court’s First Amendment Religion Clause doctrine is undergoing a transition between the Court’s older, strict separationist decisions and its current accommodationist approach. This shift can be seen in the Court’s most recent Establishment and Free Exercise Clause decisions, and in particular, in its unanimous Free Speech Clause decision in Shurtleff v. City of Boston, a case which found that the challenger, Harold Shurtleff, had a First Amendment right to raise a flag with a cross on a city flagpole. In many ways, Shurtleff exemplifies the Court’s incremental movement toward an accommodationist Establishment Clause doctrine, and this …


Federal Election Commission V. Ted Cruz For Senate: How The Supreme Court Is Clearing The Way For Corruption In Politics, Sarah B. Gleason Jan 2023

Federal Election Commission V. Ted Cruz For Senate: How The Supreme Court Is Clearing The Way For Corruption In Politics, Sarah B. Gleason

Loyola University Chicago Law Journal

Political speech lies at the heart of the First Amendment. Candidates for office have the constitutional right to raise funds to express their viewpoints, run campaigns, and associate with their supporters. However, leaving this flow of money unchecked creates a risk that candidates will sell the promise of political favors for increased monetary support from voters. Congress passed Section 304 of the Bipartisan Campaign Reform Act to prevent the risk of quid pro quo corruption, which is heightened when donors contribute money to candidates after the election for the sole purpose of retiring the candidates’ personal loans. Section 304 restricted …


Introduction To Issue Three, Paul W. Kucinski Jan 2023

Introduction To Issue Three, Paul W. Kucinski

Loyola University Chicago Law Journal

No abstract provided.


Is Church Autonomy Jurisdictional?, Lael Weinberger Jan 2023

Is Church Autonomy Jurisdictional?, Lael Weinberger

Loyola University Chicago Law Journal

The First Amendment’s religion clauses create what courts have called “church autonomy doctrine,” protecting the internal self-governance of religious institutions. But courts are divided as to whether this doctrine is simply an affirmative defense for religious institutions or a jurisdictional limitation on courts’ ability to adjudicate internal religious matters. Scholars, meanwhile, have long debated whether church autonomy is jurisdictional at a higher level of abstraction, speaking of jurisdiction as a concept of authority rather than a technical term for civil procedure. This Article engages this multilevel debate with an argument for unbundling. First, it urges unbundling conceptual jurisdiction from judicial …


Blank Space: The Legal Gray Area Created By Police Abuse Of Copyright Law, Connor Druhan Jan 2023

Blank Space: The Legal Gray Area Created By Police Abuse Of Copyright Law, Connor Druhan

Loyola University Chicago Law Journal

Music, a universal language sung and heard around the world, is a powerful force for bringing people together. It is also afforded a great deal of protection under United States copyright law. As the way we listen to music has evolved throughout history, so too have the ways that laws protect the rights of musicians and entertainers. However, due to the changing technological landscape and our methods for protecting music, law enforcement officials have found a loophole at the intersection of copyright law, free speech, and the tools we use to enforce the rights of copyright holders. The Digital Millennium …


Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley Jan 2023

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley

Loyola University Chicago Law Journal

Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …


Hate Wins, Courtney Lauren Anderson Jan 2020

Hate Wins, Courtney Lauren Anderson

Loyola University Chicago Law Journal

The controversy surrounding the conflict between hate crimes and the First Amendment makes the task of even defining hate crimes difficult. Actions that some find prejudicial are simply expressive to others. This diversion obstructs efforts to collect data on hate crimes and deploy a unified legal or prosecutorial response. The antidiscrimination purpose of the Fair Housing Act is known, despite questions surrounding the Act’s breadth, and the inconsistent prioritization and interpretation of the Act that comes with changing the person who holds the position of the Secretary of the Office of Housing and Urban Development (HUD). This paper sets forth …


Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman Jan 2015

Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman

Loyola University Chicago Law Journal

No abstract provided.


Internet Filters And The First Amendment: Public Libraries After United States V. American Library Association, Leah Wardak Jan 2004

Internet Filters And The First Amendment: Public Libraries After United States V. American Library Association, Leah Wardak

Loyola University Chicago Law Journal

No abstract provided.


An Emotion-Based Approach To Freedom Of Speech, R. George Wright Jan 2003

An Emotion-Based Approach To Freedom Of Speech, R. George Wright

Loyola University Chicago Law Journal

No abstract provided.


Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky Jan 2001

Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky

Loyola University Chicago Law Journal

No abstract provided.


Freedom Of Speech, Religious Harassment Law, And Religious Accomodation Law, Eugene Volokh Jan 2001

Freedom Of Speech, Religious Harassment Law, And Religious Accomodation Law, Eugene Volokh

Loyola University Chicago Law Journal

No abstract provided.


The Redundant Free Exercise?, Mark Tushnet Jan 2001

The Redundant Free Exercise?, Mark Tushnet

Loyola University Chicago Law Journal

No abstract provided.


Their Own Prepossessions - The Establishment Clause, 1999-2000, Leslie C. Griffin Jan 2001

Their Own Prepossessions - The Establishment Clause, 1999-2000, Leslie C. Griffin

Loyola University Chicago Law Journal

No abstract provided.


The Free Exercise Clause: How Redundant, And Why?, Daniel O. Conkle Jan 2001

The Free Exercise Clause: How Redundant, And Why?, Daniel O. Conkle

Loyola University Chicago Law Journal

No abstract provided.


The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan Jan 2000

The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan

Loyola University Chicago Law Journal

No abstract provided.


The Leonard Jeffries Problem: Public University Professor/Administrators, Controversial Speech, And Constitutional Protection For Public Employees, Michael J. Sherman Jan 1999

The Leonard Jeffries Problem: Public University Professor/Administrators, Controversial Speech, And Constitutional Protection For Public Employees, Michael J. Sherman

Loyola University Chicago Law Journal

No abstract provided.


The Death Knell For Hate-Crime Laws? The Supreme Court Protects Unpopular Speech In R.A.V. V. City Of St. Paul, Gregory Preves Jan 1993

The Death Knell For Hate-Crime Laws? The Supreme Court Protects Unpopular Speech In R.A.V. V. City Of St. Paul, Gregory Preves

Loyola University Chicago Law Journal

No abstract provided.


People V. Diguida: Freedom Of Expression On Private Property Under The Illinois Constitution, Douglas M. Poland Jan 1993

People V. Diguida: Freedom Of Expression On Private Property Under The Illinois Constitution, Douglas M. Poland

Loyola University Chicago Law Journal

No abstract provided.


Costello V. Capital Cities Communication, Inc.: Ignoring The First Amendment Privilege, Thomas J. Pauloski Jan 1990

Costello V. Capital Cities Communication, Inc.: Ignoring The First Amendment Privilege, Thomas J. Pauloski

Loyola University Chicago Law Journal

No abstract provided.


Lyng V. Northwest Indian Cemetery Protective Association: A Form-Over-Effect Standard For The Free Exercise Clause, Peggy Healy Jan 1988

Lyng V. Northwest Indian Cemetery Protective Association: A Form-Over-Effect Standard For The Free Exercise Clause, Peggy Healy

Loyola University Chicago Law Journal

No abstract provided.


The Supreme Court Further Restricts Student First Amendment Rights In Public Schools: The Future Of "Free Trade In Ideas" After Hazelwood School District V. Kuhlmeier, Eileen Libby Jan 1988

The Supreme Court Further Restricts Student First Amendment Rights In Public Schools: The Future Of "Free Trade In Ideas" After Hazelwood School District V. Kuhlmeier, Eileen Libby

Loyola University Chicago Law Journal

No abstract provided.


Stare Decisis And The Supreme Court's Decision To Reconsider Runyon V. Mccrary, Camille Townsend Jan 1988

Stare Decisis And The Supreme Court's Decision To Reconsider Runyon V. Mccrary, Camille Townsend

Loyola University Chicago Law Journal

No abstract provided.


Church And State: Explorations, George Anastaplo Jan 1987

Church And State: Explorations, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


"Secular Humanism": A Blight On The Establishment Clause, Linda Eigner Jan 1987

"Secular Humanism": A Blight On The Establishment Clause, Linda Eigner

Loyola University Chicago Law Journal

No abstract provided.


Consumers Union Of United States, Inc., V. General Signal Corp: Commercial Free Speech And The Fair Use Doctrine Of Copyright, Clifford E. Berman Jan 1984

Consumers Union Of United States, Inc., V. General Signal Corp: Commercial Free Speech And The Fair Use Doctrine Of Copyright, Clifford E. Berman

Loyola University Chicago Law Journal

No abstract provided.


Reporter's Privilege And Juvenile Anonymity: Two Confidentiality Policies On A Collision Course, Diane Geraghty, Alan Raphael Jan 1984

Reporter's Privilege And Juvenile Anonymity: Two Confidentiality Policies On A Collision Course, Diane Geraghty, Alan Raphael

Loyola University Chicago Law Journal

No abstract provided.