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Articles 31 - 60 of 110

Full-Text Articles in Law

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Oct 2007

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.


If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman Apr 2007

If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman

William & Mary Bill of Rights Journal

This Article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including a 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as the President's executive orders do. The core question this Article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …


When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan Mar 2007

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, …


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Jan 2007

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Faculty Publications

No abstract provided.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Oct 2006

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

William & Mary Bill of Rights Journal

No abstract provided.


Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg Apr 2006

Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg

William & Mary Bill of Rights Journal

No abstract provided.


Private Choices, Public Consequences: Public Education Reform And Feminist Legal Theory, Verna L. Williams Apr 2006

Private Choices, Public Consequences: Public Education Reform And Feminist Legal Theory, Verna L. Williams

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Bob Jones University V. United States 461 U.S. 574 (1983), Neal Devins Jan 2006

Bob Jones University V. United States 461 U.S. 574 (1983), Neal Devins

Faculty Publications

No abstract provided.


Coercion And Choice Under The Establishment Clause, Cynthia V. Ward Jan 2006

Coercion And Choice Under The Establishment Clause, Cynthia V. Ward

Faculty Publications

In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …


Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz Dec 2005

Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz

William & Mary Bill of Rights Journal

No abstract provided.


Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne Oct 2005

Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne

William & Mary Bill of Rights Journal

No abstract provided.


The Original Meaning Of The Establishment Clause, Robert G. Natelson Oct 2005

The Original Meaning Of The Establishment Clause, Robert G. Natelson

William & Mary Bill of Rights Journal

No abstract provided.


Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky Oct 2005

Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky

William & Mary Bill of Rights Journal

No abstract provided.


The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion Oct 2005

The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion

William & Mary Bill of Rights Journal

No abstract provided.


Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott Oct 2005

Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott

William & Mary Bill of Rights Journal

No abstract provided.


Sex, Politics, And Morality, Edward L. Rubin Oct 2005

Sex, Politics, And Morality, Edward L. Rubin

William & Mary Law Review

No abstract provided.


"Religion-Neutral" Jurisprudence: An Examination Of Its Meaning And End, L. Scott Smith Feb 2005

"Religion-Neutral" Jurisprudence: An Examination Of Its Meaning And End, L. Scott Smith

William & Mary Bill of Rights Journal

No abstract provided.


The Pledge As Sacred Political Ritual, Sheldon H. Nahmod Feb 2005

The Pledge As Sacred Political Ritual, Sheldon H. Nahmod

William & Mary Bill of Rights Journal

No abstract provided.


But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard Feb 2005

But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard

William & Mary Bill of Rights Journal

No abstract provided.


Zelman V. Simmons-Harris, Neal Devins Jan 2005

Zelman V. Simmons-Harris, Neal Devins

Faculty Publications

No abstract provided.


Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese Jan 2005

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Faculty Publications

No abstract provided.


Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell Apr 2003

Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell

William & Mary Law Review

No abstract provided.


Funding Religion In A Post-Zelman World, James G. Dwyer Jan 2003

Funding Religion In A Post-Zelman World, James G. Dwyer

Faculty Publications

No abstract provided.


The Idea Of Public Reason Resuscitated, James P. Madigan Apr 2002

The Idea Of Public Reason Resuscitated, James P. Madigan

William & Mary Bill of Rights Journal

In this Article, James Madigan examines the role of public reason in a democratic government, including what views should play a role in determining public reason. Madigan criticizes John Rawls for including comprehensive views in constitutional debates, and argues that only reasons grounded in political values should be used when debating constitutional issues and fundamental rights.


The Story Of A Forgotten Battle, Nathan B. Oman Jan 2002

The Story Of A Forgotten Battle, Nathan B. Oman

Faculty Publications

No abstract provided.


The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier Apr 2001

The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark Apr 2001

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 Mar 2001

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 Mar 2001

Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith

William & Mary Law Review

No abstract provided.