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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 ...


The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan 2017 Selected Works

The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan

Sarah Haan

Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic ...


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.


Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School of Law 2017 Roger Williams University

Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Law School Blogs

No abstract provided.


This Is Why We Protect Hate Speech, Alan E. Garfield 2017 Widener Law

This Is Why We Protect Hate Speech, Alan E. Garfield

Alan E Garfield

Reprinted in Newsday, the Bangor Daily News, the Virginian Pilot, the Morning Call.


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.


Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein 2017 Roger Williams University School of Law

Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein

Law School Blogs

No abstract provided.


Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby 2017 Barry University School of Law

Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby

Washington and Lee Law Review Online

Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws ...


Non/Disclosure: Documentation And Participant Observation As Hybrid, Nonfiction, Artistic Research Methodology For Ethnographic Media Production, Contemplative Discovery, Social Practice And Catharsis, Cyle P. O'Donnell 2017 University of Maine

Non/Disclosure: Documentation And Participant Observation As Hybrid, Nonfiction, Artistic Research Methodology For Ethnographic Media Production, Contemplative Discovery, Social Practice And Catharsis, Cyle P. O'Donnell

Electronic Theses and Dissertations

As if presaged by the physical, fine and philosophical arts that preceded it, the amelioration to the process of documenting the wonted human existence, political strife, and sundry cultural phenomena through the neo-normative medium of film (and eventually digital video) inaugurated the true scope and importance of anthropological research among a vastly wider audience who would use it, and its intrinsic capacity for the augmentation of artistic expression, to proliferate an expansive accompaniment to the field which would all become recognized platforms for demonstrative presentation of individual oeuvres.

Intermedia has worked in this way to amalgamate concepts like Futurism, Dadaism ...


Conway V. Fulbright: Memorandum In Support Of Plaintiff's Motion For Summary Injunctive Relief, Daniel A. Horwitz 2017 Selected Works

Conway V. Fulbright: Memorandum In Support Of Plaintiff's Motion For Summary Injunctive Relief, Daniel A. Horwitz

Daniel A. Horwitz

Conway v. Fulbright: Plaintiff's Motion for Summary Injunctive Relief


First Amendment Commercial Speech—Swipe Fees Mute Texas Merchants, Shelby T. Perry 2017 Southern Methodist University

First Amendment Commercial Speech—Swipe Fees Mute Texas Merchants, Shelby T. Perry

SMU Law Review

No abstract provided.


The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins 2017 National Center on Sexual Exploitation

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Mad Men And Dead Men: Justification For Regulation Of Computer-Generated Images Of Deceased Celebrity Endorsers, Kerry Barrett 2017 Cleveland-Marshall College of Law

Mad Men And Dead Men: Justification For Regulation Of Computer-Generated Images Of Deceased Celebrity Endorsers, Kerry Barrett

Cleveland State Law Review

Pursuant to the Federal Trade Commission Act, the Federal Trade Commission (FTC) is charged with consumer protection through the prohibition of unfair and deceptive trade practices. An unfair and deceptive trade practice is gaining in prominence and has not yet been subjected to FTC regulation. Computer-generated imagery (CGIs) of deceased celebrity endorsers are misleading to consumers and constitute a false advertisement. This Note evaluates how digitally resurrected endorsers pervert the consumer decision-making process through analysis of issue-relevant thinking, the match-up hypothesis, event-study analysis, social adaptation theory, and transfer theory. This Note also accounts for the macroeconomic effect of regulation of ...


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman 2017 National Center on Sexual Exploitation

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


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