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Full-Text Articles in Law
California Bankers Association V. Shultz, Lewis F. Powell, Jr.
California Bankers Association V. Shultz, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Spence V. Washington, Lewis F. Powell Jr.
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
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
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.
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.