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Articles 1 - 30 of 181
Full-Text Articles in Law
Sitting On A Throne Of Lies: Using Rico And Wire Fraud To Hold Politicians Accountable And Demonetize Campaigns That Intend To Defraud, Michael Furey
Sitting On A Throne Of Lies: Using Rico And Wire Fraud To Hold Politicians Accountable And Demonetize Campaigns That Intend To Defraud, Michael Furey
Villanova Law Review
No abstract provided.
Public Employees As A Reflection Of A Religiously Diverse Culture, Steven T. Collis
Public Employees As A Reflection Of A Religiously Diverse Culture, Steven T. Collis
Notre Dame Law Review Reflection
For decades, scholars and jurists have debated over whether government violates
the Establishment Clause when it endorses religion or if coercion is required. In
Kennedy v. Bremerton School District, the Supreme Court put this argument to
rest, at least as to public employees. It grounded its decision in some form of
originalism. While that will be sufficient to satisfy some readers, others will want to be
assured of the wisdom of the rule originalism demands. This Essay argues that a
coercion test for the private religious exercise of public employees is appropriate for a
pluralistic society.
It offers four …
Thoughts On The Architecture Of Freedom Of Religion And Freedom Of Speech, Perry Dane
Thoughts On The Architecture Of Freedom Of Religion And Freedom Of Speech, Perry Dane
Notre Dame Law Review Reflection
This symposium was convened to explore the rights of businesses
and employees to invoke freedom of religion or freedom of expression
to resist certain forms of state regulation. The most immediate
occasions for that discussion, at least for my purposes, are cases such
as 303 Creative LLC v. Elenis, in which the Supreme Court upheld the
right of a website designer to refuse to design a wedding website for a
same-sex couple. These sorts of cases, which pit the religious or
expressive rights of conscientious believers against the equality rights
of others, have proliferated in recent years.
I have …
First Amendment Imbalance: Kennedy V. Bremerton School District, Steven K. Green
First Amendment Imbalance: Kennedy V. Bremerton School District, Steven K. Green
Notre Dame Law Review Reflection
This Essay seeks to unpack the competing legal claims presented by a public-school employee engaging in religious expression in conjunction with their work duties and in the presence of students. The competing First Amendment issues are several: nonestablishment, free exercise, free speech (including the government-employee speech doctrine), and parental expressive rights. These various issues came to a head in 2022 in Kennedy v. Bremerton School District where a Court majority affirmed the right of a high school football coach to engage in demonstrative prayers on the football field at the conclusion of a game. In so holding, the majority prioritized …
Ordinary Conscience And Pretend Offenses: Protecting Those Left Out Of Title Vii After Groff, Robin Fretwell Wilson, Michael J. Petersen
Ordinary Conscience And Pretend Offenses: Protecting Those Left Out Of Title Vii After Groff, Robin Fretwell Wilson, Michael J. Petersen
Notre Dame Law Review Reflection
Part I reviews America’s foundational commitment to fairness and transparency by government, as well as the deep respect the Founders believed should be accorded to conscience specifically.
Part II applauds the unanimous decision in Groff to walk back the Supreme Court’s grievous error in Trans World Airlines, Inc. v. Hardison. We canvas illustrative cases pre-Groff in which employees, notwithstanding Hardison’s “de minimis” burden standard, proceeded to trial, and instances in which employees did not. We also illustrate how, post-Groff, employees are, rightfully, having an easier time getting to trial.
Even as Groff makes actual Title …
Cleaning The Mess Of 303 Creative V. Elenis, Netta Barak-Corren
Cleaning The Mess Of 303 Creative V. Elenis, Netta Barak-Corren
Notre Dame Law Review Reflection
No piece of academic writing can clean, by itself, the mess left by 303 Creative v. Elenis. Only the Court can. This symposium piece can only offer analytical clarity on 303 Creative, which can help to understand and organize the mess. I will proceed to do so in three steps. First, I point out the glaring omissions of the Court’s opinion and criticize the dangerous consequences of the Court’s inexplicable approach. Second, I discuss the inconsistency of the dissent and the truth it reveals about the unviability of its sweeping position. Finally, I argue that the only way …
Press Benefits And The Public Imagination, Erin C. Carroll
Press Benefits And The Public Imagination, Erin C. Carroll
Georgetown Law Faculty Publications and Other Works
In an era when the press faces unprecedented challenges, those who believe in the importance of a free press find themselves playing defense. Press advocates have been forced to articulate, with renewed clarity and urgency, why the press is not merely important but vital to an effective democracy and why it needs to be saved from a “death spiral” and an “extinction-level event.” These arguments often focus on the crucial role the press plays—the “press function,” as lawyers call it—in informing the public, holding power to account, and facilitating democratic discourse.
Scholars and commentators generally discuss the press function through …
First Amendment And Media Law Diversity Moot Court Competition, Roger Williams University School Of Law, Michelle Choate
First Amendment And Media Law Diversity Moot Court Competition, Roger Williams University School Of Law, Michelle Choate
School of Law Conferences, Lectures & Events
No abstract provided.
Amicus Brief Of Federal Courts Scholars In Alabama V. California, Supreme Court Of The United States, No. 158, Original, Arthur D. Hellman, F. Andrew Hessick, Derek T. Muller, Robert J. Pushaw
Amicus Brief Of Federal Courts Scholars In Alabama V. California, Supreme Court Of The United States, No. 158, Original, Arthur D. Hellman, F. Andrew Hessick, Derek T. Muller, Robert J. Pushaw
Amici Briefs
This amicus brief was submitted to the United States Supreme Court in support of the motion by Alabama and other states to file a bill of complaint against California and other states under the Court’s original jurisdiction. The brief addresses one issue alone: it argues that under Article III of the Constitution and section 1251 of the Judicial Code, the Court has a duty to exercise its exclusive, original jurisdiction over actions in which one state brings suit against another state. The brief takes no position on any other procedural or merits issues that may be raised by the motion …
The Discipline Of Rudy Giuliani And The Real Fraud Of The 2020 Election, George M. Cohen
The Discipline Of Rudy Giuliani And The Real Fraud Of The 2020 Election, George M. Cohen
Catholic University Law Review
In Matter of Giuliani, the New York Appellate Division held that Rudy Giuliani’s knowingly false statements of fact during the period after the 2020 presidential election violated the Rules of Professional Conduct and warranted interim suspension of his license. This paper argues that the court reached the right result but did not use the best rule and the best rationale. Instead of focusing on Giuliani’s conduct as a series of false statements in support of a “narrative,” the better approach would have been to call it what it was: fraud. Although the fraud was not “transactional,” fraud, Giuliani’s false …
Understanding 303 Creative Llc In A Polycentric Constitutional World, Meg Penrose
Understanding 303 Creative Llc In A Polycentric Constitutional World, Meg Penrose
Faculty Scholarship
The evolution of rights following Obergefell is not over. Creative 303 LLC marked a new phase in the ongoing legal challenges over the rights and ceremonies attending same-sex marriage. This Essay addresses the anticipated limits of 303 Creative LLC.
The Essay proceeds in three parts. First, how does 303 Creative LLC impact government employees? What rights, if any, should government employees be able to raise in light of 303 Creative LLC? Second, what does 303 Creative LLC mean for private marketplace vendors engaging in expressive commerce? Vendors, particularly wedding vendors, often create unique items for weddings. Will the law focus …
Coin Center V. Yellen Prompts Reconsideration Of The Vast Deference Afforded To The Department Of The Treasury, Emily Arterbury
Coin Center V. Yellen Prompts Reconsideration Of The Vast Deference Afforded To The Department Of The Treasury, Emily Arterbury
Catholic University Law Review
This Comment examines the legal implications of the sanctions issued by the Department of the Treasury’s Office of Foreign Asset Control against Tornado Cash, an application that enables user privacy protection in transactions on the Ethereum blockchain. With the rapid expansion of the digital asset revolution, policymakers remained puzzled as to how to best establish a regulatory scheme that protects consumers without chilling innovation and investment in the digital asset market. The Office of Foreign Assets Control’s issuance of sanctions against Tornado Cash was an attempt to regulate an extremely volatile and unpredictable market. These sanctions prohibited all licit activity …
Brief Amicus Curiae Of Professor Matthew Steilen In Support Of Petitioners, Tiktok Inc. V. Garland (D.C. Cir. 2024) (No. 24-1113), Matthew J. Steilen
Brief Amicus Curiae Of Professor Matthew Steilen In Support Of Petitioners, Tiktok Inc. V. Garland (D.C. Cir. 2024) (No. 24-1113), Matthew J. Steilen
Other Scholarship
No abstract provided.
Rewriting History: Copyright, Free Speech, And Reimagining Classic Works, Cathay Y. N. Smith
Rewriting History: Copyright, Free Speech, And Reimagining Classic Works, Cathay Y. N. Smith
Villanova Law Review
No abstract provided.
American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy Macneil Blackwood
American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy Macneil Blackwood
University Honors Theses
American evangelicalism has positioned itself as a dominant force in social policy since the 1970s and has continued to grow over time. During Carter's presidency, the Religious Right, a neoconservative political identity of fundamentalist beliefs, emerged with the intention to homogenize American culture by infusing literal interpretations of biblical Scripture with American exceptionalism. With the help of charismatic leaders like Billy Graham, the political manifestations of American evangelicalism's fundamentalist beliefs have been solidified through conservative legislation and Christian demographic dominance in Congress and the Supreme Court. Women have been particularly burdened by evangelical institutionalization, as access to socioeconomic and political …
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
DePaul Business & Commercial Law Journal
No abstract provided.
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
DePaul Business & Commercial Law Journal
No abstract provided.
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
DePaul Business & Commercial Law Journal
No abstract provided.
Tightrope Walking: Balancing Theatre Teachers’ Academic Freedom Of Expression With The Implementation Of Florida’S Stop Woke Act And Don’T Say Gay Bill, Kimberly Adams
Barry Law Review
Florida’s Individual Freedom Act (IFA) and Education Equality Act (EEA), better known as the Stop Woke Act and the Don’t Say Gay bill, respectively, are contentious topics in the United States today. One side argues that parents have the ultimate right to choose what their child learns and how a teacher should deliver that instruction while believing that lessons that address systemic racism divide children and make them feel uncomfortable. The other side argues that our students will be unprepared when they graduate high school to contribute to our multi-racial society and will suffer from a limited worldview. From the …
Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash
Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash
Villanova Environmental Law Journal
No abstract provided.
Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon
Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon
University of Miami Law Review
For decades, courts have struggled with balancing trademark law with the First Amendment—specifically with cases challenging the denial of trademark registration of certain marks. Congress codified trademark registration through the Lanham Act, also known as the Trademark Act of 1946. This statute outlines the registration process and expands the rights of trademark owners. In recent years, a string of cases have ruled certain provisions of the Lanham Act that bar certain marks from registration unconstitutional.
Currently under review by the Supreme Court, the case Vidal v. Elster involves an applicant who was denied trademark registration for his mark “Trump Too …
Is Florida At War With The Mouse Or Free Speech: Understanding The Dissolution Of Disney’S Reedy Creek And The Threat To Corporate First Amendment Rights, Julia Gibson
University of Miami Business Law Review
On April 22, 2022, Florida Governor Ron DeSantis signed Florida Senate Bill 4C, which stripped Walt Disney World of its status as an “independent special district,” with its Reedy Creek Improvement District. The legislation was passed in response to the corporation’s public criticism of the Parental Rights in Education Act. After months of speculation regarding the solution to the grave tax and debt consequences of the bill, the Governor signed Florida House Bill 9B to reinstate the district under a State elected board and under a new name—the Central Florida Tourism Oversight District.
This Comment delves into the longstanding history …
Secrecy On Steroids: How Overzealous State Confidentiality Laws Expose Leakers And Whistleblowers To Retaliatory Prosecution, Frank D. Lomonte, Anne Marie Tamburro
Secrecy On Steroids: How Overzealous State Confidentiality Laws Expose Leakers And Whistleblowers To Retaliatory Prosecution, Frank D. Lomonte, Anne Marie Tamburro
University of Miami Law Review
It is well-documented that the federal government has a secrecy problem. Thousands of times a year, inconsequential documents are needlessly stamped “classified,” which can mean prison for anyone who leaks them. But the addiction to secrecy doesn’t stop with the Pentagon. State public-records statutes are riddled with their own local version of “classified information” that puts people at risk of prosecution even for well-intentioned whistleblowing.
The problem is particularly acute in Florida, where one of the state’s highest-ranking elected officials spent almost two years as the target of a criminal investigation for releasing records about an unresolved sexual harassment complaint …
The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos
The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos
St. Mary's Law Journal
Various commentators, as well as the 2020 report on competition in digital markets by the majority staff of the House Judiciary Committee, have advocated for the revival of the essential facilities doctrine, especially in the context of the digital economy. This Article examines the three phases in the development of the essential facilities doctrine and the right to refuse to deal—the foundations in the early twentieth century, the contraction of the right to refuse to deal and the expansion of the essential facilities doctrine in the mid-twentieth century, and the revival of the right to refuse to deal and the …
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
University of Cincinnati Law Review
No abstract provided.
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
University of Cincinnati Law Review
No abstract provided.
Systemic Racism Transformed To Shalom Justice., Bobby West
Systemic Racism Transformed To Shalom Justice., Bobby West
Doctor of Ministry Projects and Theses
ABSTRACT
April 27, 2024
SYSTEMIC RACISM TRANSFORMED TO SHALOM JUSTICE
This study examines the pervasive culture of systemic racism in the church and non-church communities and its impact on America. It argues how culture and systemic racism impact marginalized people (particularly African Americans and brown people) through policies and systems related to money, employment, education, health care, etc. Providing a description or argument for systemic racism formation offers a historical context of changes to shalom justice (society race in the image of God), relational and unilateral power with, power to, power within transformation from injustice to Shalom justice. An exploration …