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Articles 1 - 29 of 29
Full-Text Articles in First Amendment
The Future Of “History And Tradition”: The First Amendment Implications Of Bruen, The Floersheimer Center For Constitutional Democracy
The Future Of “History And Tradition”: The First Amendment Implications Of Bruen, The Floersheimer Center For Constitutional Democracy
Event Invitations 2024
Did SCOTUS turn all lower court judges into armchair historians? Could landmark free speech precedents like New York Times Co. v. Sullivan be at risk? How will the Court address modern questions like social media content moderation?
Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy, Jasmine Gonzales Rose
Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy, Jasmine Gonzales Rose
BU Law Presentations
Poster for Jasmine Gonzales Rose's 2023 University lecture.
Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Fidei Defensor: Defending Faith to Enable Communities of Reconciliation
- Conscience, Peacebuilding, and Faith-Based Law Schools
- Elvis Was Right: The Unavoidable Intersection Between Personal Values and a Fulfilling Practice of Law
- The Future of the Establishment Clause: Implications of Kennedy v. Bremerton School District
Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng
Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng
SLU Law Journal Online
The Seventh Circuit case of Demkovich v. St. Andrew the Apostle Parish applied the ministerial exception to bar a fired minister’s claim of a hostile work environment. In this article, Yiting Feng lists the reason why she disagrees with the majority opinion and leans towards the dissenting opinion.
Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
Read on Issuu
Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Of Rights and Responsibilities: The Social Ecosystem of Religious Freedom
- I am the Woman Who Can
- Flashes of Light: Thoughts on Circumstantial Evidence
- Capital Markets and Human Flourishing
Read on Issuu
Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- In Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity
- Choose to Trust the Lord
- First Amendment Harms
- "To Do Justly, and to Love Mercy"
Read on Issuu
Erecting A Virtual Schoolhouse Gate, Maryam Ahranjani
Erecting A Virtual Schoolhouse Gate, Maryam Ahranjani
Faculty Book Display Case
The very first amendment to the United States Constitution protects the freedom of speech. While the Supreme Court held in 1969 that students “do not shed their constitutional rights at the schoolhouse gate,” since then the Court has limited students' freedom of speech, stopping short of considering the boundaries of off-campus, online speech. Lower court holdings vary, meaning that a student engaging in certain online speech may not be punished at all in one state but would face harsh criminal punishments in another. The lack of a uniform standard leads to dangerously inconsistent punishments and poses the ultimate threat to …
Public Policy Limitations On Trademark Subject Matter: A U.S. Perspective, Christine Farley
Public Policy Limitations On Trademark Subject Matter: A U.S. Perspective, Christine Farley
Contributions to Books
This chapter provides an overview of the public policy limitations on trademark subject matter under U.S. law. This is an area of law that had been fairly stable until recently. The U.S. Supreme Court’s 2017 decision striking down the prohibition on registering disparaging marks and its 2019 decision striking down the prohibition on registering immoral and scandalous marks may prompt a larger reexamination of the policy justifications for denying trademark registration.
Clark Memorandum: Fall 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Heroes of Unity: Latter-day Saints, the "Bonds of Affection," and the Atonement of Christ (Thomas B. Griffith)
- Defend Divinely Inspired Freedoms (Elder Quentin L. Cook)
- Homicides in the Old Testament and the Book of Mormon (John w. Welch)
- How to Enjoy the Ride: Choosing to Love in Life and Career (Sharla Smith Hales)
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
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)
Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett
Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett
Faculty Workshops
Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.
Clark Memorandum: Spring 2015, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2015, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Watchmen on the Tower (Elder D. Todd Christofferson)
- Studying Law in the Light (Brett G. Scharffs)
- On Becoming a Spiritual Athlete (Steve Young)
- The Copyright Predicament (Clark D. Asay)
- The Case Against the Supreme Court (Erwin Chemerinsky)
Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez
Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez
Faculty Books
Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of …
Global Issues In Freedom Of Speech And Religion: Cases And Materials, Leslie Gielow Jacobs, Alan Brownstein
Global Issues In Freedom Of Speech And Religion: Cases And Materials, Leslie Gielow Jacobs, Alan Brownstein
McGeorge School of Law Teaching Materials
Brownstein and Jacobs's Global Issues in Freedom of Speech and Religion: Cases and Materials is a companion volume to existing materials. Designed to assist professors in introducing issues of international and comparative law, this title is ideal for use in educational courses that address:
- The First Amendment
- Law and religion
- Individual rights
- Other topics dealing with free speech and religious liberty
In order to make companion materials understandable and accessible to students as well as to professors who have not taught the materials before, this title:
- Includes case excerpts, helpful background materials, and notes
- Is set out in a structure …
In Brief, Spring/Summer 1999, New York Law School
In Brief, Spring/Summer 1999, New York Law School
New York Law School In Brief
No abstract provided.
Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz
Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz
Books
Americans have long appealed to images of free competition in calling for free enterprise, freedom of contract, free labor, free trade, and free speech. This imagery has retained its appeal in myriad aspects of public policy--for example, Senator Sherman's Anti-Trust Act of 1890, Justice Holmes's metaphorical marketplace of ideas, and President Reagan's rhetoric of deregulation.
In Competition Policy in America, 1888-1992, Rudolph Peritz explores the durability of free competition imagery by tracing its influences on public policy. Looking at congressional debates and hearings, administrative agency activities, court opinions, arguments of counsel, and economic, legal, and political scholarship, he finds …
New York Law School Reporter, Vol 12, No. 2, April 1995, New York Law School
New York Law School Reporter, Vol 12, No. 2, April 1995, New York Law School
Student Newspapers
No abstract provided.
Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen
Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen
Books
The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most …
The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School
The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School
Student Newspapers
No abstract provided.
New York Law School Reporter, October 1990, New York Law School
New York Law School Reporter, October 1990, New York Law School
Student Newspapers
No abstract provided.
Gregory Hess, Appellant V. State Of Indiana, Appellee (On Appeal From The Supreme Court Of Indiana) In The Supreme Court Of The United States, Patrick Baude, F. Thomas Schornhorst
Gregory Hess, Appellant V. State Of Indiana, Appellee (On Appeal From The Supreme Court Of Indiana) In The Supreme Court Of The United States, Patrick Baude, F. Thomas Schornhorst
Historic Documents
Jurisdictional Statement
October Term, 1973
Gregory Hess Vs. State Of Indiana (Brief Of Appellee) In The Supreme Court Of Indiana, Theodore L. Sendak, Darrel K. Diamond
Gregory Hess Vs. State Of Indiana (Brief Of Appellee) In The Supreme Court Of Indiana, Theodore L. Sendak, Darrel K. Diamond
Historic Documents
Appeal from the Monroe Superior Court
The Honorable James M Dixon, Judge
No. 1271 S 372
Brief of Appellee
Gregory Hess Vs. State Of Indiana (Brief Of Appellant) In The Supreme Court Of Indiana, F. Thomas Schornhorst, David Colman
Gregory Hess Vs. State Of Indiana (Brief Of Appellant) In The Supreme Court Of Indiana, F. Thomas Schornhorst, David Colman
Historic Documents
Appeal from the Monroe Superior Court
The Honorable James M. Dixon, Judge
No. 1271-S372
Brief of the Appellant
Robert I. Grody, Kerry Kaplan Vs. State Of Indiana (Brief Of Appellants) In The Supreme Court Of Indiana, F. Thomas Schornhorst, Craig Eldon Pinkus
Robert I. Grody, Kerry Kaplan Vs. State Of Indiana (Brief Of Appellants) In The Supreme Court Of Indiana, F. Thomas Schornhorst, Craig Eldon Pinkus
Historic Documents
Appeal from the Monroe Circuit Court
The Honorable Nat U. Hill, Judge
No. 1270-S294
The Constitution Of The United States At The End Of One Hundred Fifty Years, Hugh Evander Willis
The Constitution Of The United States At The End Of One Hundred Fifty Years, Hugh Evander Willis
Historic Documents
Including the original Constitution, the formal amendments, and that part of the Constitution made by the Supreme Court and custom, as found in the Supreme Court Reports, arranged so far as possible according to the analysis found in the original Constitution.
With an Introduction by Hugh Evander Willis
Indiana University Publications Social Science Series No.1 1939
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane
Books
“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley
Books
In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State ·legislatures. In the accomplishment of that purpose, the author further stated that he had faithfully endeavored to give the law as it had been settled by …
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley
Books
“In these pages the author has faithfully endeavored to state the law as it has been settled by the authorities, rather than to present his own views. At the same time he will not attempt to deny -- what will probably be sufficiently apparent -- that he has written in full sympathy with all those restraints which the caution of the fathers has imposed upon the exercise of the powers of government, and with greater faith in the checks and balances of our republican system, and in correct conclusions by the general public sentiment, than in a judicious, prudent, and …