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Full-Text Articles in Law
Locating Free-Exercise Most-Favored-Nation-Status (Mfn) Reasoning In Constitutional Context, Alan E. Brownstein, Vikram David Amar
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
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
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
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
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
Introduction To Issue Three, Paul W. Kucinski
Loyola University Chicago Law Journal
No abstract provided.
Is Church Autonomy Jurisdictional?, Lael Weinberger
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Loyola University Chicago Law Journal
No abstract provided.
Stare Decisis And The Supreme Court's Decision To Reconsider Runyon V. Mccrary, Camille Townsend
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
Church And State: Explorations, George Anastaplo
Loyola University Chicago Law Journal
No abstract provided.
"Secular Humanism": A Blight On The Establishment Clause, Linda Eigner
"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
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
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.