Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 91 - 109 of 109

Full-Text Articles in Law

How Much God In The Schools? A Discussion Of Religion's Role In The Classroom, Nadine Strossen Feb 1995

How Much God In The Schools? A Discussion Of Religion's Role In The Classroom, Nadine Strossen

William & Mary Bill of Rights Journal

In this essay Professor Strossen addresses the controversial subject of religion in the public schools. She argues that while there may well be instances of unconstitutional government suppression of religious expression, there are certainly many examples of the opposite--unconstitutional government promotion of religion. Professor Strossen discusses the guiding principles governing the relationship between religion and the public schools, as set out by the Supreme Court. She stresses the First Amendment demand that public schools remain neutral toward religion. While they may and should teach about religion, schools may not promote either religion in general or any particular religion. Professor Strossen ...


Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer Jan 1994

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is ...


Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden Mar 1993

Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden

William & Mary Law Review

No abstract provided.


The Strict Neutrality Principle: Workable Solution For First Amendment Challenges To Preservation Designation Of Religious Landmarks?, S. Kathleen Pepper Apr 1991

The Strict Neutrality Principle: Workable Solution For First Amendment Challenges To Preservation Designation Of Religious Landmarks?, S. Kathleen Pepper

William & Mary Environmental Law and Policy Review

No abstract provided.


Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein Feb 1990

Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein

William & Mary Law Review

No abstract provided.


Religious Liberty In The Welfare State, Richard A. Epstein Feb 1990

Religious Liberty In The Welfare State, Richard A. Epstein

William & Mary Law Review

No abstract provided.


Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen Feb 1990

Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

William & Mary Law Review

No abstract provided.


Cooperative Surplus: The Efficiency Justification For Active Government, Charles H. Koch Jr. Feb 1990

Cooperative Surplus: The Efficiency Justification For Active Government, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.


The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper Jun 1986

The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper

William & Mary Law Review

No abstract provided.


Introduction To Religion And The State, Gene R. Nichol Jun 1986

Introduction To Religion And The State, Gene R. Nichol

William & Mary Law Review

No abstract provided.


The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland Jun 1986

The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland

William & Mary Law Review

No abstract provided.


What Standards Apply When Freedoms Collide?, Neal Devins Jan 1984

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.


Tax Status Of Private Segregated Schools: The New Revenue Procedure, Wilfred F. Drake Mar 1979

Tax Status Of Private Segregated Schools: The New Revenue Procedure, Wilfred F. Drake

William & Mary Law Review

No abstract provided.


Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer Jan 1979

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content ...


The Church, The State, And The National Labor Relations Act: Collective Bargaining In The Parochial Schools, Kenneth J. Kryvoruka Oct 1978

The Church, The State, And The National Labor Relations Act: Collective Bargaining In The Parochial Schools, Kenneth J. Kryvoruka

William & Mary Law Review

No abstract provided.


Section 401(B) Of The Health Programs Extension Act: An Abortive Attempt By Congress To Solve A Constitutional Dilemma Dec 1975

Section 401(B) Of The Health Programs Extension Act: An Abortive Attempt By Congress To Solve A Constitutional Dilemma

William & Mary Law Review

No abstract provided.


Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn Dec 1967

Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn

William & Mary Law Review

No abstract provided.


The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey Oct 1967

The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey

William & Mary Law Review

No abstract provided.


The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld Apr 1964

The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld

William & Mary Law Review

No abstract provided.