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Full-Text Articles in Law
Foreign Law In American Courts, Eugene Volokh
Foreign Law In American Courts, Eugene Volokh
Oklahoma Law Review
No abstract provided.
Oklahoma's Indigency Determination Scheme: A Call For Uniformity, Carrie Savage Phillips
Oklahoma's Indigency Determination Scheme: A Call For Uniformity, Carrie Savage Phillips
Oklahoma Law Review
No abstract provided.
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Oklahoma Law Review
Under existing precedent, portions of the military chaplaincy program are unconstitutional. Although presenting at least the appearance of the “establishment” of religion, the military chaplaincy program has never been successfully challenged on constitutional grounds—despite its history of more than two centuries. The only court that has directly confronted the issue upheld the military chaplaincy based on what appears to be a counter-intuitive application of the Free Exercise Clause. Namely, the military chaplaincy program ensures the free exercise rights of service members who, because of their military service, would otherwise be deprived of access to religious services. And indeed, when a …
Rehabilitating Concession Theory, Stefan Padfield
Rehabilitating Concession Theory, Stefan Padfield
Oklahoma Law Review
In Citizens United v. FEC, a 5-4 majority of the Supreme Court ruled that “the Government cannot restrict political speech based on the speaker's corporate identity.” The decision remains controversial, with many arguing that the Court effectively overturned more than 100 years of precedent. I have previously argued that this decision turned on competing conceptions of the corporation, with the majority adopting a contractarian view while the dissent advanced a state concession view. However, the majority opinion was silent on the issue of corporate theory, and the dissent went so far as to expressly disavow any role for corporate …