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Full-Text Articles in Fourteenth Amendment

Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan Nov 2004

Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan

Maurer Law Events

On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970.

Joining Professors Schornhorst and Baude on the panel are three …


The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle Jan 1995

The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle

Articles by Maurer Faculty

This article addresses the constitutionality and the constitutional significance of the Religious Freedom Restoration Act of 1993 (RFRA), through which Congress, relying on Section 5 of the 14th Amendment, attempted to repudiate the Supreme Court's restrictive interpretation of the Free Exercise Clause, as announced in Employment Division v. Smith, and to adopt in its place a more generous regime of religious freedom. The article advances two major propositions. First, it contends that despite the Act's noble purpose, RFRA circumvents the process of constitutional amendment, frustrates the Supreme Court's role as the primary interpreter of the Constitution, and improperly intrudes on …


State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen Jan 1951

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.


Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge Jan 1946

Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.