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Articles 31 - 47 of 47
Full-Text Articles in Law
The Office Of The Oath, Patrick O. Gudridge
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Articles
The United States protects much hate speech that is banned in other Western constitutional democracies and under international human rights covenants and conventions. In the United States, only hate speech that leads to "incitement to violence" can be constitutionally restricted, while under the alternative approach found elsewhere, bans properly extend to hate speech leading to "incitement to hatred." The article undertakes a comparative analysis in light of changes brought by new technologies, such as the internet, which allow for worldwide spread of protected hate speech originating in the United States. After evaluating the respective doctrines, arguments and values involved, the …
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Articles
Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …
Solving The Apprendi Puzzle, Kyron Huigens
Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky
Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky
Articles
The Supreme Court generally conditions tax exemptions, deductions, and exclusions for religious organizations and activities upon the simultaneous extension of such benefits to secular institutions and undertakings. The Court's position flows logically from its acceptance of the premise that tax exemptions, deductions, and exclusions constitute subsidies. However, the "subsidy" label is usually deployed in a conclusory and unconvincing fashion. The First Amendment is best understood as permitting governments to refrain from taxation to accommodate the autonomy of religious actors and activities; hence, tax benefits extended solely to religious institutions should pass constitutional muster as recognition of that autonomy.
Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld
Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld
Articles
No abstract provided.
It Is Lawyers We Are Funding: A Constitutional Challenge To The 1996 Restrictions On The Legal Services Corporation, Jessica A. Roth
It Is Lawyers We Are Funding: A Constitutional Challenge To The 1996 Restrictions On The Legal Services Corporation, Jessica A. Roth
Articles
No abstract provided.
Justices At Work: An Introduction, Michel Rosenfeld
Bearing Arms In Washington State, Hugh D. Spitzer
Bearing Arms In Washington State, Hugh D. Spitzer
Articles
Article I, Section 24 of the Washington State Constitution directly affects two "hot topics" today: first, the increase in the carrying of weapons by the citizenry (particularly concealed weapons, with or without permits) and, second, the increase in "citizen militias" in various parts of the state. Article I, Section 24 also presents interesting issues from a pure state-constitutional-law standpoint, because it represents one of the striking characteristics of state constitutions: these basic documents of civil society for each state represent centuries of buildup and accretion. State constitutional provisions can often be analyzed in terms of layering. In preparing a state …
An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci
An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci
Articles
No abstract provided.
The Identity Of The Constitutional Subject, Michel Rosenfeld
The Identity Of The Constitutional Subject, Michel Rosenfeld
Articles
No abstract provided.
Rewiring The First Amendment: Meaning, Content And Public Broadcasting, Donald W. Hawthorne, Monroe E. Price
Rewiring The First Amendment: Meaning, Content And Public Broadcasting, Donald W. Hawthorne, Monroe E. Price
Articles
No abstract provided.
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Articles
No abstract provided.
Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine
Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine
Articles
No abstract provided.
Preface, Monroe E. Price
The Exclusionary Rule: A Disputation, Peter Lushing
Judicial Review In Latin America, Keith S. Rosenn