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Full-Text Articles in Law
The Convergence Of The First Amendment And Vatican Ii On Religious Freedom, Robert F. Drinan S.J.
The Convergence Of The First Amendment And Vatican Ii On Religious Freedom, Robert F. Drinan S.J.
Michigan Law Review
Did the United States radiate the views of James Madison on the free exercise of religion to the world? That, in essence, is the main thrust of this provocative study by John T. Noonan, Jr., Professor Emeritus at the University of California Law School, Berkeley, and a Senior Judge of the U.S. Court of Appeals for the Ninth Circuit. Noonan is, of course, the author of magisterial books on abortion, birth control, legal ethics, and related issues. He writes as a committed Catholic who takes pride in the religion that he learned as a child in his native Brookline, Massachusetts. …
Reconceiving The Right To Present Witnesses, Richard A. Nagareda
Reconceiving The Right To Present Witnesses, Richard A. Nagareda
Michigan Law Review
Modem American law is, in a sense, a system of compartments. For understandable curricular reasons, legal education sharply distinguishes the law of evidence from both constitutional law and criminal procedure. In fact, the lines of demarcation between these three subjects extend well beyond law school to the organization of the leading treatises and case headnotes to which practicing lawyers routinely refer in their trade. Many of the most interesting questions in the law, however, do not rest squarely within a single compartment; instead, they concern the content and legitimacy of the lines of demarcation themselves. This article explores a significant, …
Establishing A Pattern: An Analysis Of The Supreme Court's Establishment Clause Jurisprudence, Lisa Langendorfer
Establishing A Pattern: An Analysis Of The Supreme Court's Establishment Clause Jurisprudence, Lisa Langendorfer
University of Richmond Law Review
The First Amendment to the United States Constitution reads in part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These two phrases are known as the Establishment Clause and the Free Exercise Clause, respectively, and each plays a distinct part in determining the role and status of religion in American society. The Free Exercise Clause guarantees freedom of religious expression to the individual, while the Establishment Clause prohibits the government from involving itself in religious affairs and prevents religious officials from exerting improper influence over the government.
Two Movements Of A Constitutional Symphony: Akhil Reed Amar's The Bill Of Rights, Kurt T. Lash
Two Movements Of A Constitutional Symphony: Akhil Reed Amar's The Bill Of Rights, Kurt T. Lash
University of Richmond Law Review
A remarkable effort is afoot to justify American constitutional law at the end of the twentieth century. Ground zero in this effort is Yale Law School, and the principle architects are professors Akhil Reed Amar and Bruce Ackerman. Together, these scholars are calling for a reevaluation of commonly accepted doctrines with the goal of grounding judicial review and constitutional interpretation on the principles of popular sovereignty. What makes the effort remarkable is its emphasis on political morality, as opposed to the attainment of a particular doctrinal end. Take, for example, Amar's explanation of his purpose in writing The Bill of …