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Full-Text Articles in Law

The Ten Commandments Return To School And Legal Controversy Follows Them, Leora Harpaz Apr 2005

The Ten Commandments Return To School And Legal Controversy Follows Them, Leora Harpaz

Faculty Scholarship

The United States Supreme Court confronted the issue of a classroom display of the Ten Commandments almost 25 years ago in the case of Stone v. Graham. In that case, the Court struck down a Kentucky statute that required the posting of the Ten Commandments in all public school classrooms. In a per curiam opinion, the Court summarily reversed a decision of the Supreme Court of Kentucky and concluded that the statute violated the First Amendment's Establishment Clause because it had no secular purpose. The outcomes of recent judicial decisions considering the constitutionality of the display of the Ten ...


'"You Have Been In Afghanistan": A Discourse On The Van Alstyne Method, Garrett Epps Apr 2005

'"You Have Been In Afghanistan": A Discourse On The Van Alstyne Method, Garrett Epps

All Faculty Scholarship

This essay pays tribute to William Van Alstyne, one of our foremost constitutional scholars, by applying the methods of textual interpretation he laid out in a classic essay, "Interpreting This Constitution: On the Unhelpful Contribution of Special Theories of Judicial Review." I make use of the graphical methods Van Alstyne has applied to the general study of the First Amendment to examine the Supreme Court's recent decisions in the context of the Free Exercise Clause, in particular the landmark case of "Employment Division v. Smith". The application of Van Alstyne's use of the burden of proof as an ...


Speech Showdowns At The Virtual Corral, Eric Goldman Jan 2005

Speech Showdowns At The Virtual Corral, Eric Goldman

Faculty Publications

INTRODUCTION

This article considers the tension between free speech rights and private property/contract rights. Neither free speech rights nor private property and contract rights are absolute. Where they intersect in the physical world, confusing legal doctrines usually emerge, such as the U.S. Supreme Court cases addressing private speech at privately owned company towns and shopping centers. Though a bright-line rule has emerged-the First Amendment pertains only to stateactors-the rule provides little prospective guidance because private actors can be characterized as state actors in some circumstances.

In the online world, the speech/rights dichotomy also raises complex issues. Online ...


Spiritual Custody: Relational Rights And Constitutional Commitments, Jeffrey Shulman Jan 2005

Spiritual Custody: Relational Rights And Constitutional Commitments, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Patricia and David Zummo were married on December 17, 1978. When they divorced ten years later, the Zummos were unable to come to agreement about the religious upbringing of their three children. Prior to their marriage, Patricia and David had agreed that they would raise their children in the Jewish faith, and while they were married, "the Zummo family participated fully in the life of the Jewish faith and community." But after the divorce David wanted to take the children to Roman Catholic services as he saw fit, and he refused to arrange for the children's attendance at Hebrew ...