Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 4 of 4
Full-Text Articles in Law
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
Faculty Publications
This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters "respecting an establishment of religion." Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.
Tribute To Professor Richard B. Tyler, William B. Fisch
Tribute To Professor Richard B. Tyler, William B. Fisch
Faculty Publications
Tribute to Professor Richard B. Tyler
The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay
The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay
Faculty Publications
The constitution is that the federal courts and a majority of state court systems will only entertain a constitutional claim in the context of a concrete dispute involving adversary parties with a specific stake in the outcome, and abstract review in these systems is unknown.
Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky
Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky
Faculty Publications
The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …