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Full-Text Articles in Law

California Bankers Association V. Shultz, Lewis F. Powell, Jr. Oct 1973

California Bankers Association V. Shultz, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Spence V. Washington, Lewis F. Powell Jr. Oct 1973

Spence V. Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus Jan 1973

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Faculty Publications

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …


A Comment On Dean Sovern's Paper, Patrick L. Baude Jan 1973

A Comment On Dean Sovern's Paper, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


The Espionage Statutes And Publication Of Defense Information, Harold Edgar, Benno C. Schmidt Jr. Jan 1973

The Espionage Statutes And Publication Of Defense Information, Harold Edgar, Benno C. Schmidt Jr.

Faculty Scholarship

We began this lengthy study of the espionage statutes with grand designs. Our original goal, suggested by the Pentagon Papers litigation, was to elaborate the extent to which constitutional principles limit official power to prevent or punish public disclosure of national defense secrets. But this plan was short-lived. The more we considered the problem, the more convinced we became that the central issues are legislative. The first amendment provides restraints against grossly sweeping prohibitions, but it does not, we believe, deprive Congress of considerable latitude in reconciling the conflict between basic values of speech and security.