First Amendment Commons^™

Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza

Graduate Theses and Dissertations

My goal in this work is to outline a specifically legal harm principle that is derived from John Stuart Mill’s harm principle in On Liberty. I will do this by providing a close reading of On Liberty and comparing it to what he says in chapter V of Utilitarianism. I believe that these two works provide a foundation for a harm principle that defines the domain and limits of the law. While this goal is not new, I focus on Mill’s general harm principle and the two maxims that he believes make it up in order to construct a relatively …

An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry

Educational Studies Dissertations

The prevailing research, as well as reported complaints of academic, civic, personal, and social harm, indicates that public school teachers do not exhibit the professional knowledge, skills, and attitudes grounded in the religion clauses of the U.S. Constitution. This study investigated how TEPs in the Commonwealth of Massachusetts document their instruction of preservice teachers on religion clause issues as they apply to grade 6-12 content area pedagogy, curriculum, and professional ethos. The institutional documents presented to preservice teachers were collected from four teacher education programs in the Commonwealth. An evaluation tool— synthesized from the leading scholarship and research on the …

The Constitutionality Of Polygamy Prohibitions After Lawrence V. Texas: Is Scalia A Punchline Or A Prophet?, Joseph Bozzuti

The Catholic Lawyer

No abstract provided.

Religion, Neutrality, And The Public School Curriculum: Equal Treatment Or Separation?, Matthew D. Donovan

The Catholic Lawyer

No abstract provided.

Protection Against The Discovery Or Disclosure Of Church Documents And Records, Jeffrey Hunter Moon

The Catholic Lawyer

No abstract provided.

Zoning And The Location Of Religious Establishments, Kenneth Pearlman

The Catholic Lawyer

No abstract provided.

Dark Arts And Other Wicked Ideas: Harry Potter, Banned Books And Intellectual Freedom, Michele Mcdaniel, Ryan Mcdaniel

Twenty Years of Harry Potter: Celebrating a Phenomenon

Come explore intellectual freedom during Banned Books Week (Sept. 24-30) with this enchanted perspective inspired by Harry Potter.

Identifying certain ideas as dangerous - and therefore banned or otherwise restricted - is a perennial phenomenon, manifesting throughout every time and culture. When reading the Harry Potter series, one encounters the Restricted Section in the Hogwarts Library, where the reader is informed that books about the Dark Arts and how to defend oneself against them are found. However, only those sufficiently matured and prepared may read the restricted materials, and then only under the close supervision and guidance of a wiser …

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are …

Discovery And Use Of Church Records By Civil Authorities, David J. Young, Esquire, Steven W. Tigges, Esquire

The Catholic Lawyer

No abstract provided.

Religion, Sincerity, And Free Exercise, Peter J. Riga

The Catholic Lawyer

No abstract provided.

Non/Disclosure: Documentation And Participant Observation As Hybrid, Nonfiction, Artistic Research Methodology For Ethnographic Media Production, Contemplative Discovery, Social Practice And Catharsis, Cyle P. O'Donnell

Electronic Theses and Dissertations

As if presaged by the physical, fine and philosophical arts that preceded it, the amelioration to the process of documenting the wonted human existence, political strife, and sundry cultural phenomena through the neo-normative medium of film (and eventually digital video) inaugurated the true scope and importance of anthropological research among a vastly wider audience who would use it, and its intrinsic capacity for the augmentation of artistic expression, to proliferate an expansive accompaniment to the field which would all become recognized platforms for demonstrative presentation of individual oeuvres.

Intermedia has worked in this way to amalgamate concepts like Futurism, Dadaism, …

Nlrb Jurisdiction Over Religious Schools And The Religion Clause Of The First Amendment, Richard J. Curiale

The Catholic Lawyer

No abstract provided.

The Tension Between Equal Protection And Religious Freedom, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The Constitution did not become our basic law at a single point in time. We ratified its first seven articles in 1788 but have since amended it 27 times. Many of these amendments memorialize fundamental shifts in values. Thus, it should come as no surprise to learn that the Constitution is not an internally consistent document."

…

"Other constitutional provisions -- even provisions that were simultaneously enacted -- protect freedoms that can come into conflict with one another. The First Amendment, for example, promises both freedom from governmental endorsement of religion and freedom from governmental interference with religious practice. …

Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School

The Clark Memorandum

• A Graduate Program of Real Consequence (Kevin J Worthen)
• Promoting Religious Freedom in a Secular Age (Elder Lance B. Wickman)
• Religious Liberty Versus Secularity (Matthew S. Holland)
• Audacious Faith (Brett G. Scharffs)

State-Supported Display Of Religious Symbols In The Public Space, Silvio Ferrari

Journal of Catholic Legal Studies

No abstract provided.

The Free Exercise Clause: Fealty To God Or Caesar?, John O. Hayward

Journal of Catholic Legal Studies

No abstract provided.

Natural Law Theory And The Declaration On Religious Freedom Of The Second Vatican Council, Charles P. Kindregan

The Catholic Lawyer

No abstract provided.

Dissonance Between Personal Belief And Professional Values And The Challenge Of Facing Other Conflicting Ideas, Christopher Tan

Richard T. Schellhase Essay Prize in Ethics

It is the recommendation of this author that, in regards to this case, Jess Smith should complete the project despite her misgivings about the ethical nature of the band. However, Smith should ensure that both the client and manager are notified of her concerns along with the specific components of the project with which she took issue. The case of Jess Smith and the Design Firm ultimately highlights the issue regarding how to resolve dissonance between personal belief and professional values and more broadly the challenge of facing other ideas that challenge an individual’s personal convictions.

Ethical Decision Making: Balancing The Rights And Needs Of Stakeholders, Sarah Becker

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.

Jess Smith And The Design Firm, Gabriel Tenaglia

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.