Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 16 of 16
Full-Text Articles in Law
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Neal E. Devins
No abstract provided.
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Timothy Zick
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Cynthia V. Ward
In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …
Professors Alan J. Meese And Nathan B. Oman On Why Hobby Lobby And For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Professors Alan J. Meese And Nathan B. Oman On Why Hobby Lobby And For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Story Of A Forgotten Battle, Nathan B. Oman
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Professors Alan J. Meese And Nathan B. Oman On Why Hobby Lobby And For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Professors Alan J. Meese And Nathan B. Oman On Why Hobby Lobby And For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Alan J. Meese
No abstract provided.
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Alan J. Meese
No abstract provided.
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Alan J. Meese
No abstract provided.
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Alan J. Meese
No abstract provided.
How Not To Challenge The Court, Neal Devins
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Vivian E. Hamilton
No abstract provided.
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton
Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.