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Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Robert W. Tuttle, Ira C. Lupu
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Robert W. Tuttle, Ira C. Lupu
GW Law Faculty Publications & Other Works
This essay addresses the proliferation of constitutional issues involving the military chaplaincy. The authors query how the chaplaincy is consistent with the Establishment Clause of the Constitution's First Amendment and note that the answer generally derives from one or more of the following paradigms: (1) Establishment Clause history; (2) Public funding of religion; or (3) Governmental display of religious messages. They suggest that an adequate approach for Establishment Clause analysis of the military chaplaincy requires a different framework. To that end, Part I of this essay describes Katcoff v. Marsh, the most important decision on the constitutionality of the military …
The First Amendment As Criminal Procedure, Daniel J. Solove
The First Amendment As Criminal Procedure, Daniel J. Solove
GW Law Faculty Publications & Other Works
This Article explores the relationship between the First Amendment and criminal procedure. These two domains of constitutional law have long existed as separate worlds, rarely interacting with each other despite the fact that many instances of government information gathering can implicate First Amendment freedoms of speech, association, and religion. The Fourth and Fifth Amendments used to provide considerable protection for First Amendment interests, as in the famous 1886 case Boyd v. United States, in which the Supreme Court held that the government was prohibited from seizing a person's private papers. Over time, however, Fourth and Fifth Amendment protection has shifted, …
Should Law Schools Bar Student Organizations From Inviting The Military To Campus For Recruitment Purposes?, Joan Schaffner
Should Law Schools Bar Student Organizations From Inviting The Military To Campus For Recruitment Purposes?, Joan Schaffner
GW Law Faculty Publications & Other Works
The military's discrimination against gays combined with the Solomon Amendment that forces schools to allow equal access to military recruiters in violation of their non-discrimination policies, upheld by the Supreme Court under constitutional challenge in FAIR v. Rumsfeld, 126 S.Ct. 1297 (2006), has created many difficulties for law schools. The law schools are torn between protecting their gay students from discrimination and enforcing their non-discrimination policy and violating the Solomon Amendment and thus risking the loss of substantial federal funding. In September 2006, the George Washington Law School was presented with a question of first impression. To what extent should …
The Future Of Reputation: Gossip, Rumor, And Privacy On The Internet, Daniel J. Solove
The Future Of Reputation: Gossip, Rumor, And Privacy On The Internet, Daniel J. Solove
GW Law Faculty Publications & Other Works
YouTube. Facebook. MySpace. Wikipedia. Google. These are among the many new ways people are communicating and obtaining information. In THE FUTURE OF REPUTATION: GOSSIP, RUMOR, AND PRIVACY ON THE INTERNET (Yale University Press, October 2007), Professor Daniel J. Solove warns that this new world demands new thinking about the nature of privacy.
Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there's a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent …
Campaign Speech And Contextual Analysis, Miriam Galston
Campaign Speech And Contextual Analysis, Miriam Galston
GW Law Faculty Publications & Other Works
Recent developments - such as a wave of FEC enforcement actions, the FEC's publication of its case by case approach to determining political committee status, and the Supreme Court's decision in FEC v. Wisconsin Right to Life - have made it necessary to reconsider the kinds of campaign finance reforms desirable and constitutionally permissible. This Article examines the proposition that, if section 527 groups and groups exempt under section 501 of the Internal Revenue Code are part of a network of commonly managed organizations, then the FEC should decide whether they need to register as political committees under the Federal …