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A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
University of Richmond Law Review
Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall's letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall's extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …
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 …
Abraham, Isaac, And The State: Faith-Healing And Legal Intervention, Henry J. Abraham
Abraham, Isaac, And The State: Faith-Healing And Legal Intervention, Henry J. Abraham
University of Richmond Law Review
As a Cambridge magistrate in the England of 1960, Lady Rothschild doubtless considered herself an unlikely candidate for participation in a biblical drama reenactment. Nonetheless, on October 21, 1960, she willingly played the role of the last- minute angel of mercy in a virtual reenactment of the story of Abraham and Isaac -a story which, with unfortunate variations in the outcome for the child, seems destined to be repeated frequently in the future.
Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson
Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson
University of Richmond Law Review
I was born and grew up in Hendersonville, North Carolina, a small town of about 6000 people in the western part of the state. There were about 30 Jewish families in Hendersonville, and I knew from a very early age that I was Jewish and, consequently, that I was different in an important way from almost all of my neighbors and classmates. The most evident way, especially to a child, involved dietary prohibitions against eating pork. I also knew that I was allowed absences from school (Rosh Hashanah and Yom Kippur) while other children were not. Inevitably, my Jewishness accounts …
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
University of Richmond Law Review
Victor Walter Garcia Ortiz left El Salvador and came to the United States. In September 1980, he was deported from Los Angeles and returned to El Salvador. In November 1981, he was killed by the Salvadoran National Police. Santana Chirino Amayo was deported back to El Salvador in June 1981. In September 1981, his body was found, tortured and decapitated. Jose Umberto Santacruz Elias was returned to El Salvador in January 1981. He has not been heard from since. Octavio Osequeda, who was returned to El Salvador on July 12, 1982, was killed on July 13, 1982 by special police.
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
University of Richmond Law Review
The United States Supreme Court's treatment of the first amendment's religion clauses over the last fifty years has generated considerable controversy. While few religion clause cases reached the Supreme Court prior to 1940, the number steadily multiplied once the first amendment was incorporated into the fourteenth amendment. The Court's doctrinal development was incremental and uncertain, but by 1971 the Court had developed a test for each of the religion clauses to evaluate the constitutionality of challenged state action. Although these tests have not been followed with perfect fidelity, they have been the starting point for virtually all of the religion …
Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes
Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes
University of Richmond Law Review
Cases arising under the United States Constitution's religion clauses fall into four general categories. In the first category are establishment clause controversies involving the provision of government services or aid. For example, when the government seeks to provide educational assistance to all private schools, financial aid to parochial schools is usually challenged on establishment clause grounds.
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.
Post-Parham Remedies: The Involuntary Commitment Of Minors In Virginia After Parham V. J.R., Willis J. Spaulding
Post-Parham Remedies: The Involuntary Commitment Of Minors In Virginia After Parham V. J.R., Willis J. Spaulding
University of Richmond Law Review
This case raises the most important question of every child's constitutional right to liberty, not only the liberty that includes freedom from bodily restraint [citation omitted], but also the liberty that includes the freedom of an ordinary, every-day child in these United States of America-the freedom to live with mothers, fathers, brothers, and sisters in whatever the family abode may be; the freedom to be loved and to be spanked; the freedom to go in and oat the door, to run and play, to laugh and cry, to fight and fuss, to stand up and fall down, to play childish …
Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii
Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii
University of Richmond Law Review
The 1979 Session of the General Assembly made important changes in Title 54 of the Code of Virginia pertaining to health care for minors. One of the principal changes involved the right of unemancipated minors to seek outpatient treatment for mental health problems without the consent of their parents. Additionally, lawmakers deleted the criminal sanctions imposed against medical practitioners who performed authorized abortions on consenting minors. This bill appears to bring into Virginia a partial realization of a child's right to due process and equal protection under the law.