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Full-Text Articles in Law
Measuring A “Spiritual Stake”: How To Determine Injury-In-Fact In Challenges To Public Displays Of Religion, Ashley C. Robson
Measuring A “Spiritual Stake”: How To Determine Injury-In-Fact In Challenges To Public Displays Of Religion, Ashley C. Robson
Fordham Law Review
This Note analyzes the unique standing problem introduced by a particular set of Establishment Clause cases: those concerning nontaxpayer–based challenges to alleged “public displays” of religious symbols. This injury–in–fact problem arises due to the nature of the specific type of harm recognized by the U.S. Supreme Court in the context of religious displays: the public endorsement of religion. Due to this unusually subjective harm, it is unclear how the courts should evaluate this threshold injury–in–fact inquiry. This Note analyzes the legal conflict arising from the attempt to remain faithful to both the traditional injury–in–fact standing requirements and the endorsement test …
State Speech And Political Liberalism, Abner S. Greene
State Speech And Political Liberalism, Abner S. Greene
Faculty Scholarship
Jim Fleming and Linda McClain have written an impressive book on the responsible exercise of rights, which flows from prior writing by each.Their title, "Ordered Liberty," is a bit of a misnomer, however. When one thinks of that phrase, one thinks of the ways in which we balance liberty against order, i.e., against security, police power, controlling the excesses of liberty. Responsibility in the exercise of rights is an aspect of how rights are orderly, but the major hard cases involving rights are hard because significant claims of harm are in play. Think of much of constitutional criminal procedure, free …