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Full-Text Articles in Law
The Equal Protection Implications Of Government's Hateful Speech, Helen Norton
The Equal Protection Implications Of Government's Hateful Speech, Helen Norton
William & Mary Law Review
Under what circumstances should we understand government’s racist or otherwise hateful speech to violate the Equal Protection Clause? Government speech that communicates hostility or animus on the basis of race, gender, national origin, sexual orientation, or other class status can facilitate private parties’ discriminatory behavior, deter its targets from certain important opportunities or activities, and communicate a message of exclusion and second-class status. Contemporary equal protection doctrine, however, does not yet fully address the harms that such government expression potentially poses. The recent emergence of the Court’s government speech doctrine—which to date has emphasized the value of government expression without …
Corruption Of Religion And The Establishment Clause, Andrew Koppelman
Corruption Of Religion And The Establishment Clause, Andrew Koppelman
William & Mary Law Review
Government neutrality toward religion is based on familiar considerations: the importance of avoiding religious conflict, alienation of religious minorities, and the danger that religious considerations will introduce a dangerous irrational dogmatism into politics and make democratic compromise more difficult. This Article explores one consideration, prominent at the time of the framing, that is often overlooked: the idea that religion can be corrupted by state involvement with it. This idea is friendly to religion but, precisely for that reason, is determined to keep the state away from religion. If the religion-protective argument for disestablishment is to be useful today, it cannot …
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
William & Mary Law Review
No abstract provided.
Religion At A Public University, Gerard V. Bradley
Religion At A Public University, Gerard V. Bradley
William & Mary Law Review
No abstract provided.
Why Church And State Should Be Separate, Erwin Chemerinsky
Why Church And State Should Be Separate, Erwin Chemerinsky
William & Mary Law Review
No abstract provided.
When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan
When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan
William & Mary Law Review
This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of mostly African-American churches on Chicago's West Side. Strikingly, the local police district's commander facilitated the vigil. The Article explains the sociological and political significance of this collaboration by drawing on the "Chicago School" of urban sociology, and demonstrating theoretically and empirically the potential for collaboration, through the integration of key community institutions, …
Sex, Politics, And Morality, Edward L. Rubin
Sex, Politics, And Morality, Edward L. Rubin
William & Mary Law Review
No abstract provided.
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark
Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark
William & Mary Law Review
No abstract provided.
Religion In The Public Square, Davison M. Douglas
Religion In The Public Square, Davison M. Douglas
William & Mary Law Review
No abstract provided.
Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith
Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith
William & Mary Law Review
No abstract provided.
Why Political Reliance On Religiously Grounded Morality Does Not Violate The Establishment Clause, Michael J. Perry
Why Political Reliance On Religiously Grounded Morality Does Not Violate The Establishment Clause, Michael J. Perry
William & Mary Law Review
No abstract provided.
Accommodation And Equal Liberty, Lisa Schultz Bressman
Accommodation And Equal Liberty, Lisa Schultz Bressman
William & Mary Law Review
No abstract provided.
Social Meaning And School Vouchers, Neal Devins
Social Meaning And School Vouchers, Neal Devins
William & Mary Law Review
No abstract provided.
A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.
A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.
William & Mary Law Review
No abstract provided.
Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu
Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu
William & Mary Law Review
No abstract provided.
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
William & Mary Law Review
No abstract provided.
School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer
School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer
William & Mary Law Review
No abstract provided.
Free? Exercise, Marci A. Hamilton
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler
William & Mary Law Review
No abstract provided.
Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher
Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher
William & Mary Law Review
No abstract provided.
Beyond Mergens: Balancing A Student's Free Speech Right Against The Establishment Clause In Public High School Equal Access Cases, D. Jarrett Arp
Beyond Mergens: Balancing A Student's Free Speech Right Against The Establishment Clause In Public High School Equal Access Cases, D. Jarrett Arp
William & Mary Law Review
No abstract provided.
The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland
The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland
William & Mary Law Review
No abstract provided.
The Religion Clauses And Nonbelievers, Norman Dorsen
The Religion Clauses And Nonbelievers, Norman Dorsen
William & Mary Law Review
No abstract provided.
The Free Exercise Clause: A View From The Public Forum, Lillian R. Bevier
The Free Exercise Clause: A View From The Public Forum, Lillian R. Bevier
William & Mary Law Review
No abstract provided.
Constitutionally Compelled Exemptions And The Free Exercise Clause, Geoffrey R. Stone
Constitutionally Compelled Exemptions And The Free Exercise Clause, Geoffrey R. Stone
William & Mary Law Review
No abstract provided.
"Nonpreferential" Aid To Religion: A False Claim About Original Intent, Douglas Laycock
"Nonpreferential" Aid To Religion: A False Claim About Original Intent, Douglas Laycock
William & Mary Law Review
No abstract provided.
Unprecedential Analysis And Original Intent, William P. Marshall
Unprecedential Analysis And Original Intent, William P. Marshall
William & Mary Law Review
No abstract provided.
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
William & Mary Law Review
No abstract provided.
Comment On "The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments", Barry A. Fisher
Comment On "The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments", Barry A. Fisher
William & Mary Law Review
No abstract provided.