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Comparative and Foreign Law

Selected Works

Donald L. Beschle

Articles 1 - 6 of 6

Full-Text Articles in Law

Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle Dec 2018

Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle

Donald L. Beschle

The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …


No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, Donald L. Beschle Jul 2018

No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, Donald L. Beschle

Donald L. Beschle

This article will explore how the explicit adoption of proportionality analysis as a single analytical tool might lead, not only to a more coherent approach to individual rights cases, but will also bring together aspects of the current multiple analytical tiers in a way that allows full consideration of both the individual rights and the social values present in these cases. Part I of this article will give a brief overview of the history of the creation and application of the various tiers of analysis used by the United States Supreme Court and explore how the once-sharp difference in those …


Carter V. Canada (Attorney General): Canadian Courts Revisit The Criminalization Of Assisted Suicide, 59 Wayne L. Rev. 561 (2013), Donald L. Beschle Jun 2015

Carter V. Canada (Attorney General): Canadian Courts Revisit The Criminalization Of Assisted Suicide, 59 Wayne L. Rev. 561 (2013), Donald L. Beschle

Donald L. Beschle

No abstract provided.


Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle Jun 2015

Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle

Donald L. Beschle

No abstract provided.


Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, 4 U. Pa. J. Const. L. 451 (2002), Donald L. Beschle Jun 2015

Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, 4 U. Pa. J. Const. L. 451 (2002), Donald L. Beschle

Donald L. Beschle

No abstract provided.


Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle Jun 2015

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

Donald L. Beschle

No abstract provided.