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Humane Provisions For Aborted Human Remains, Patrick Monaghan 2017 St. John's University School of Law

Humane Provisions For Aborted Human Remains, Patrick Monaghan

The Catholic Lawyer

No abstract provided.


Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson 2017 University of Oklahoma College of Law

Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson

Oklahoma Journal of Law and Technology

No abstract provided.


Federal Tuition Tax Credits And The Establishment Clause: A Constitutional Analysis, David J. Young, Steven W. Tigges 2017 St. John's University School of Law

Federal Tuition Tax Credits And The Establishment Clause: A Constitutional Analysis, David J. Young, Steven W. Tigges

The Catholic Lawyer

No abstract provided.


Hate Speech Debate Has Roots In Us History, Rodney A. Smolla 2017 Widener University Delaware Law School

Hate Speech Debate Has Roots In Us History, Rodney A. Smolla

Rod Smolla

No abstract provided.


Hate Speech And The First Amendment, Alan E. Garfield 2017 Widener Law

Hate Speech And The First Amendment, Alan E. Garfield

Alan E Garfield

No abstract provided.


Free Speech, The Search For Truth, And The Problem Of Collective Knowledge, Frederick Schauer 2017 University of Virginia

Free Speech, The Search For Truth, And The Problem Of Collective Knowledge, Frederick Schauer

SMU Law Review

No abstract provided.


The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero 2017 St. John's University School of Law

The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero

The Catholic Lawyer

No abstract provided.


Eclecticism, Nelson Tebbe 2017 Cornell Law School

Eclecticism, Nelson Tebbe

Nelson Tebbe

This short piece comments on Kent Greenawalt's new book, Religion and the Constitution: Establishment and Fairness. It argues that although Greenawalt's eclectic approach carries certain obvious costs, his theory cannot be evaluated without comparing its advantages and disadvantages to those of its competitors. It concludes by giving some sense of what that comparative calculus might look like.


The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe 2017 Selected Works

The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe

Nelson Tebbe

In recent work, Steven Smith argues that the American tradition of religious freedom is newly imperiled and may even be nearing exhaustion. This Review puts to one side the substance of that argument and focuses instead on what the stakes might be, should it turn out to be correct. It concludes that the consequences would not be as severe as many people fear.


Smith In Theory And Practice, Nelson Tebbe 2017 Cornell Law School

Smith In Theory And Practice, Nelson Tebbe

Nelson Tebbe

Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and ...


Privatizing And Publicizing Speech, Nelson Tebbe 2017 Cornell Law School

Privatizing And Publicizing Speech, Nelson Tebbe

Nelson Tebbe

When and how should governments be permitted to use private-law mechanisms to manage their public-law obligations? This short piece poses that question in the context of Summum, which the Supreme Court decided earlier this year, and Buono, which it will hear in the fall. In both cases, the government manipulated formal property rules in order to fend off constitutional challenges. In Summum, the government took ownership of a religious symbol in the face of a free speech challenge, while in Buono it shed ownership of land containing another sectarian symbol in an effort to moot an Establishment Clause problem. Although ...


Free Exercise And The Problem Of Symmetry, Nelson Tebbe 2017 Cornell Law School

Free Exercise And The Problem Of Symmetry, Nelson Tebbe

Nelson Tebbe

This Article identifies a difficulty with the neutrality paradigm that currently shapes thinking about the Free Exercise Clause both on the Supreme Court and among its leading critics. It proposes a liberty component, shows how it would generate more attractive results than neutrality alone, and defends the liberty approach against likely objections.

A controversial neutrality rule currently governs cases brought under the Free Exercise Clause. Under that rule, only laws and policies that have the purpose of discriminating against religion draw heightened scrutiny. All others are presumptively constitutional, regardless of how severely they burden religious practices.

Critics have attacked the ...


Government Nonendorsement, Nelson Tebbe 2017 Cornell Law School

Government Nonendorsement, Nelson Tebbe

Nelson Tebbe

What are the constitutional limits on government endorsement? Judges and scholars typically assume that when the government speaks on its own account, it faces few restrictions. In fact, they often say that the only real restriction on government speech is the Establishment Clause. On this view, officials cannot endorse, say, Christianity, but otherwise they enjoy wide latitude to promote democracy or denigrate smoking. Two doctrines and their accompanying literatures have fed this impression. First, the Court’s recent free speech cases have suggested that government speech is virtually unfettered. Second, experts on religious freedom have long assumed that there is ...


Religion And Social Coherentism, Nelson Tebbe 2017 Brooklyn Law School

Religion And Social Coherentism, Nelson Tebbe

Nelson Tebbe

Today, prominent academics are questioning the very possibility of a theory of free exercise or non-establishment. They argue that judgments in the area can only be conclusory or irrational. In contrast to such skeptics, this Essay argues that decisionmaking on questions of religious freedom can be morally justified. Two arguments constitute the Essay. Part I begins by acknowledging that skepticism has power. The skeptics rightly identify some inevitable indeterminacy, but they mistakenly argue that it necessarily signals decisionmaking that is irrational or unjustified. Their critique is especially striking because the skeptics’ prudential way of working on concrete problems actually shares ...


How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe 2017 Cornell Law School

How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe

Nelson Tebbe

No abstract provided.


The First Amendment And The Police In The Digital Age, Kermit V. Lipez 2017 University of Maine School of Law

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

Maine Law Review

In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those—a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities they serve, and the revolution in communications technology. I emphasize two points as I begin. I have enormous respect for police officers and their work. They risk their lives on the job—a reality that we have seen far too often in recent years—and go ...


Privacy And The Right To Die, Peter J. Riga 2017 St. John's University School of Law

Privacy And The Right To Die, Peter J. Riga

The Catholic Lawyer

No abstract provided.


Religion, Sincerity, And Free Exercise, Peter J. Riga 2017 St. John's University School of Law

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

The Catholic Lawyer

No abstract provided.


Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner 2017 St. John's University School of Law

Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner

The Catholic Lawyer

No abstract provided.


Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky 2017 Roger Williams University School of Law

Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky

Life of the Law School (1993- )

No abstract provided.


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