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Articles 1 - 30 of 116
Full-Text Articles in Supreme Court of the United States
Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita
Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Law is a guide and rules related to the concept of social life and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that the law is always faced with the question of whether the law can bring about justice. In relation to the legal concept, legal politics is defined as an activity that determines the patterns and methods of shaping law, supervises the operation of the law, and reforms the law for the purposes of the State. Therefore, law is a determinant of politics, and is also …
Establishment’S Political Priority To Free Exercise, Marc O. Degirolami
Establishment’S Political Priority To Free Exercise, Marc O. Degirolami
Faculty Publications
Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking the venerable liberal view that First Amendment rights must not be constricted to secure communal, political benefits. To prioritize free speech rights, they say, reflects an unjust inflation of individual interest over our common political commitments. These disagreements afflict the Religion Clauses as well. Critics claim that religious exemption has become more important than the values of disestablishment that define the polity. Free exercise exemption, they argue, has subordinated establishment.
This Article contests these views. The fundamental rules and norms constituting the political regime—what the Article calls …
Law School News: Announcing The 2nd Annual Rbg Contest For K-12 Students 10-27-2021, Michael M. Bowden
Law School News: Announcing The 2nd Annual Rbg Contest For K-12 Students 10-27-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Development Of Intellectual Disabilities In United States Capital Cases And The Modern Application Of Moore V. Texas To State Court Decisions, Dr. Alexander Updegrove
The Development Of Intellectual Disabilities In United States Capital Cases And The Modern Application Of Moore V. Texas To State Court Decisions, Dr. Alexander Updegrove
University of Massachusetts Law Review
Although in 1989 the Supreme Court of the United States initially held that the Eighth Amendment did not prohibit executing persons with intellectual disabilities in Penry v. Lynaugh, in 2002 it subsequently reversed this decision in Atkins v. Virginia, citing changing state legislation. Since the Atkins decision, state courts have interpreted the Court’s Atkins provisions in a variety of ways, some more faithfully than others. As a result, the Court provided additional clarification in its 2014 and 2015 Hall v. Florida and Brumfield v. Cain decisions, ruling that states must apply a Standard Error of Measurement of +5/-5 to all …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden
Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden
Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden
Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky
Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky
Law School Blogs
No abstract provided.
Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick
Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler
Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler
Seattle University Law Review
This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal school desegregation cases …
Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law
Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Glimpses Of Marshall In The Military, Kevin C. Walsh
Glimpses Of Marshall In The Military, Kevin C. Walsh
University of Richmond Law Review
No abstract provided.
Issue 3: Allen Chair Table Of Contents
Issue 3: Allen Chair Table Of Contents
University of Richmond Law Review
No abstract provided.
Permissible Accommodation Of Religion And The Alternative Burden, Ei Ichiro Takahata
Permissible Accommodation Of Religion And The Alternative Burden, Ei Ichiro Takahata
LLM Theses and Essays
In this thesis, the author discusses the extent to which the government can afford to give accommodation within the limits of the Establishment Clause. In Chapter II, the author reviews the theory of the permissible accommodation referred to in the Supreme Court of the United States. In Chapter III, the author examines scholarly debates on the accommodation. Then, the author discusses German and Japanese law of the accommodation in Chapter IV. There, those cases suggest the possibility of alternative burdens on religious believers. The alternative burdens are considered the price of the accommodation. The author concludes that the government has …
Ineffective Assistance Of Counsel