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Full-Text Articles in Law
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
University of Richmond Law Review
Most rights considered by Americans to be "fundamental" are granted a special level of protection by the decisions of the United States Supreme Court. The standard is often described as "strict scrutiny" or "compelling interest." Under this standard of protection, a state must have more than just a good reason for writing legislation that encroaches upon its citizens' fundamental rights. Rather, the state must be able to prove a "compelling" interest in achieving some desired result, a result which necessitates the curtailment of fundamental rights. In 1990, however, the United States Supreme Court substantially restricted a right from this list: …
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
University of Richmond Law Review
The Virginia Workers' Compensation Act denies wage loss benefits to partially disabled employees who unjustifiably reject employment procured by their employer which is within their remaining work capacity. Section 65.2-510 of the Virginia Code provides that "[i]f an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in section 65.2-603 during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified." Essentially, unjustified refusal of selective employment within the employee's work capacity results in a suspension in wage loss benefits until the …
The Supreme Court's Role: Guarantor Of Individual And Minority Group Rights, Nadine Strossen
The Supreme Court's Role: Guarantor Of Individual And Minority Group Rights, Nadine Strossen
University of Richmond Law Review
We have just celebrated the Bicentennial of the United States Bill of Rights, a marvelous document that not only has been used to secure a broad range of freedoms for many people in this country, but also has inspired and served as a model for liberty-loving peoples the world over. However, the freedoms enunciated in the Bill of Rights - as well as in other Constitutional provisions - are not self-enforcing.
The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson
The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson
University of Richmond Law Review
The constitutional provisions separating church and state have long provided fertile ground for conflict resulting in often-bitter courtroom battles. From the famous Scopes "monkey trials" of 1927 in which Clarence Darrow eloquently argued for the teaching of Darwin's theory of evolution in the public schools, through the decisions of the sixties, seventies, and eighties banning prayer, the posting of the Ten Commandments, and similar practices, the conflict has finally come full circle, with fundamentalist Christian groups now arguing that the Biblical account of creation should be taught in public schools as scientific theory.
The Clear And Present Danger Standard: Its Present Viability
The Clear And Present Danger Standard: Its Present Viability
University of Richmond Law Review
The first amendment to the Constitution of the United States provides that "Congress shall make no law ...abridging the freedom of speech or of the press, or the right of the people peaceably to assemble..." While the terms of the first amendment appear to be all embracing, its application has never been absolute. Its guarantees have always been subject to regulation by the state wherever they endangered the safety or welfare of the public. The fundamental issue involved in all first amendment problems involving free expression is the determination of the point at which the rights of the individual stop …