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First Amendment

UIdaho Law

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Full-Text Articles in Law

Remediating Social Media: A Layer-Conscious Approach, Annemarie Bridy Jan 2018

Remediating Social Media: A Layer-Conscious Approach, Annemarie Bridy

Articles

No abstract provided.


Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, Shaakirrah R. Sanders Jan 2018

Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, Shaakirrah R. Sanders

Articles

Religious healing parents have vexed state courts for almost a century. Religious healing is the belief that "prayer" or "spiritual means," rather than modern medicine, can cure individuals. Adults and emancipated minors have the right to refuse medical treatment. Some states go further and grant religious healing parents a statutory exemption against criminal and civil actions for child endangerment, neglect, negligence, manslaughter, and even homicide. This Article identifies these types of exemptions as an issue of religious childrearing.

Religious healing exemptions demonstrate the difficulty delineating the line between childrearing rights of parents and the state's duty to protect children ...


Public Employee Speech: Answering The Unanswered And Related Questions In Lanke V. Franks, John E. Rumel Apr 2017

Public Employee Speech: Answering The Unanswered And Related Questions In Lanke V. Franks, John E. Rumel

Articles

No abstract provided.


First Amendment Right To A Remedy, Benjamin Plener Cover Jan 2017

First Amendment Right To A Remedy, Benjamin Plener Cover

Articles

Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion requirement ...


Ag-Gag Free Detroit, Shaakirrah R. Sanders Oct 2016

Ag-Gag Free Detroit, Shaakirrah R. Sanders

Articles

No abstract provided.


Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel Jan 2015

Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel

Articles

No abstract provided.


Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt Jan 1993

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt

Articles

No abstract provided.