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Articles 1 - 4 of 4
Full-Text Articles in Law
Education—Student-Teacher Relationship—Should Teachers Be Held To A Higher Standard? Understanding The Laws Governing Sexual Relationships Between Students And Teachers In Primary And Secondary Schools Paschal V. State, 2012 Ark. 127, 388 S.W.3d 429., Katelyn Burch Busby
University of Arkansas at Little Rock Law Review
No abstract provided.
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
William & Mary Law Review
No abstract provided.
A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand
A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand
Michael A Helfand
This article considers the extent to which the liberal nation-state ought to accommodate religious practices that contravene state law and to incorporate religious discourse into public debate. To address these questions, the article develops a liberalism of sincerity based on John Locke’s theory of toleration. On such an account, liberalism imposes a duty of sincerity to prevent individuals from consenting to a regime that exercises control over matters of core concern such as faith, religion, and conscience. Liberal theory grounds the legitimacy of the state in the consent of the governed, but consenting to an intolerant regime is illegitimate because …
The Constitution As If Consent Mattered, Tom W. Bell
The Constitution As If Consent Mattered, Tom W. Bell
Tom W. Bell
Libertarians do not fit into the left-right spectrum very comfortably; by their own account, they transcend it. This brief paper, written for a Chapman Law Review symposium on libertarian legal theory, argues that libertarians should likewise transcend the dichotomy currently dividing constitutional theory. The Left tends to regard the Constitution as adaptable to current needs and defined by judicial authority; the Right tends to search the historical record for the Constitution’s original meaning. Each of those conventional approaches has its own virtues and vices. Combining the best of both — the responsiveness of living constitutionalism and the textual fidelity of …