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Full-Text Articles in Law

Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2017

Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Jan 2016

Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Appellate Briefs

No abstract provided.


Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Aug 2015

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Appellate Briefs

No abstract provided.


Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman Apr 2015

Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman

Popular Media

No abstract provided.


The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman Apr 2015

The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman

Popular Media

No abstract provided.


Markets, Religion, And The Limits Of Privacy, Nathan B. Oman Apr 2015

Markets, Religion, And The Limits Of Privacy, Nathan B. Oman

Popular Media

No abstract provided.


Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer Apr 2015

Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer

Faculty Publications

No abstract provided.


Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese Jul 2014

Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese

Popular Media

No abstract provided.


Nineteenth Century Corporate Law: A New Lens For Religious Freedom Scholars, Nathan B. Oman May 2014

Nineteenth Century Corporate Law: A New Lens For Religious Freedom Scholars, Nathan B. Oman

Popular Media

No abstract provided.


Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese May 2014

Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese

Popular Media

No abstract provided.


Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman May 2014

Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Faculty Publications

No abstract provided.


Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts Jun 2013

Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts

Appellate and Supreme Court Clinic

No abstract provided.


Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts May 2013

Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts

Appellate and Supreme Court Clinic

No abstract provided.


The First Amendment’S Global Dimension, Timothy Zick Feb 2013

The First Amendment’S Global Dimension, Timothy Zick

Popular Media

No abstract provided.


The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick May 2011

The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick

Faculty Publications

This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic ...


Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne Apr 2009

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne

Faculty Publications

No abstract provided.


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.


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.


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 ...


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.


On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins Jul 2000

On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins

Faculty Publications

No abstract provided.


Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne Nov 1996

The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne

Faculty Publications

No abstract provided.


Section 8: Freedom Of Religion, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1995

Section 8: Freedom Of Religion, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer Jan 1994

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is ...


What Standards Apply When Freedoms Collide?, Neal Devins Jan 1984

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.


Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer Jan 1979

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content ...