Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

3672 Full-Text Articles 2422 Authors 893062 Downloads 101 Institutions

All Articles in First Amendment

Faceted Search

3672 full-text articles. Page 1 of 91.

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross 2016 University of Puget Sound

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...


Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia 2016 Notre Dame Law School

Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia

Patricia L. Bellia

WikiLeaks’ successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers’ decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks’ defenders. The Supreme Court’s decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm.

The lessons of the Pentagon Papers case for ...


Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett 2016 University of Notre Dame Law School

Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett

Richard W Garnett

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.


Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett 2016 Notre Dame Law School

Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett

Richard W Garnett

This paper is a short response to an address, “And I Don’t Care What It Is: Religious Neutrality in American Law,” delivered by Prof. Andrew Koppelman at a conference, “The Competing Claims of Law and Religion: Who Should Influence Whom?”, which was held at Pepperdine University in February of 2012. In this response, it is suggested – among other things – that “American religious neutrality” is, as Koppelman argues, “coherent and attractive” because and to the extent that it is not neutral with respect to the goal and good of religious freedom.

Religious freedom, in the American tradition, is not what ...


Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett 2016 Notre Dame Law School

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Richard W Garnett

No abstract provided.


Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett 2016 Notre Dame Law School

Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett

Richard W Garnett

Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope ...


Recent Decision Note, Thomas L. Shaffer 2016 Notre Dame Law School

Recent Decision Note, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer 2016 Notre Dame Law School

Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Is Hobby Lobby Worse For Religious Liberty Than Smith?, Andrew Koppelman, Frederick M. Gedicks 2016 University of St. Thomas, Minnesota

Is Hobby Lobby Worse For Religious Liberty Than Smith?, Andrew Koppelman, Frederick M. Gedicks

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Populizing Religious Liberty And Hobby Lobby, Erick G. Kaardal 2016 University of St. Thomas, Minnesota

Populizing Religious Liberty And Hobby Lobby, Erick G. Kaardal

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Obscenity In The Mails; Privileged Communications; The Law Against Contraceptives; The Rights Of Prisoners, 2016 St. John's University School of Law

Obscenity In The Mails; Privileged Communications; The Law Against Contraceptives; The Rights Of Prisoners

The Catholic Lawyer

No abstract provided.


Note: Compulsory Medical Treatment For Minors And Religious Freedom, 2016 St. John's University School of Law

Note: Compulsory Medical Treatment For Minors And Religious Freedom

The Catholic Lawyer

No abstract provided.


The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm. 2016 St. John's University School of Law

The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm.

The Catholic Lawyer

No abstract provided.


Survey Of A Decade Of Decisions On The Law Of Obscenity, John Cornelius Hayes 2016 St. John's University School of Law

Survey Of A Decade Of Decisions On The Law Of Obscenity, John Cornelius Hayes

The Catholic Lawyer

No abstract provided.


Editorial Comment, Edward T. Fagan 2016 St. John's University School of Law

Editorial Comment, Edward T. Fagan

The Catholic Lawyer

No abstract provided.


Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees, 2016 St. John's University School of Law

Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees

The Catholic Lawyer

No abstract provided.


The State's Guarantee Of Liberty - A Moral Evaluation, Rev. William F. Cahill 2016 St. John's University School of Law

The State's Guarantee Of Liberty - A Moral Evaluation, Rev. William F. Cahill

The Catholic Lawyer

No abstract provided.


Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal 2016 Osgoode Hall Law School of York University

Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal

Richard Haigh

Most of us have an instinctive understanding of what “whistleblowing” is: the act of alerting the public to scandal, danger, malpractice, corruption or other immoral or unethical behaviour. For a long time, whistleblowers were treated poorly – today, they are now acknowledged, and sometimes even admired, but there is still some way to go. We believe that a strongly developed and distinct freedom of conscience, as expressed in s. 2(a) of the Canadian Charter of Rights and Freedoms, could go some way towards achieving that goal. In law, however, conscience is often treated as inseparable from religion, without any meaningful ...


Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung 2016 University of Kentucky College of Law

Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung

Paul E. Salamanca

No abstract provided.


Some Realistic Thinking About Secular Effects, Paul E. Salamanca 2016 University of Kentucky College of Law

Some Realistic Thinking About Secular Effects, Paul E. Salamanca

Paul E. Salamanca

Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large administer the Clause responsibly. They do so by mediating between a number of powerful considerations, none of which can ever be entirely disregarded. These considerations include, but are not limited to, separation of church and state, the value of religiosity, the imperative of affording equal treatment to religious and similarly situated nonreligious entities, and the proper role of courts in a democratic political system. This is not to say that courts cannot overstep their bounds and provoke an adverse reaction from other powerful elements within the polity. It ...


Digital Commons powered by bepress