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Articles 91 - 112 of 112
Full-Text Articles in Law
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
Indiana Law Journal
No abstract provided.
Receivers, Churches And Nonprofit Corporations: A First Amendment Analysis, Darrell R. Shepard
Receivers, Churches And Nonprofit Corporations: A First Amendment Analysis, Darrell R. Shepard
Indiana Law Journal
No abstract provided.
Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.
Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.
West Virginia Law Review
No abstract provided.
School Books, Lesson Plans, And The Constitution, Frederick F. Schauer
School Books, Lesson Plans, And The Constitution, Frederick F. Schauer
West Virginia Law Review
No abstract provided.
Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson
Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson
West Virginia Law Review
No abstract provided.
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
West Virginia Law Review
No abstract provided.
The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey
The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey
West Virginia Law Review
No abstract provided.
Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno
Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno
Indiana Law Journal
No abstract provided.
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Michigan Law Review
It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …
Social Security And The Plain People, Paul C. Cline
Social Security And The Plain People, Paul C. Cline
West Virginia Law Review
No abstract provided.
The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii
The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii
Michigan Law Review
No overriding theory has heretofore been proposed capable of allocating the various rules of decision in free exercise cases according to an appropriate classification of fact situations. This Article suggests an objective sociological approach to defining and weighing the governmental and religious interests inhering in a given free exercise claim in order to eliminate value preferences from the constitutional weighing process. Religious interests will be ranked according to functional criteria internal to all religious systems and not dependent upon the belief content of any given sect. State interests will be analyzed in terms of formalized modes of governmental action involving …
The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper
The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper
Michigan Law Review
The purpose of this Article is to analyze the holdings of the Warren Court under these two clauses in an attempt to assess their significance by reference both to earlier interpretations and to the direction they may give to future development.
Compelled Medical Aid V. Religious Freedom
Compelled Medical Aid V. Religious Freedom
Washington and Lee Law Review
No abstract provided.
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
The Courts And Bible Reading In The Public Schools, A. G. H.
The Courts And Bible Reading In The Public Schools, A. G. H.
West Virginia Law Review
No abstract provided.
Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.
Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.
Michigan Law Review
In its proprietary capacity the City of Bend maintains and operates a water system with the exclusive right to supply water to its inhabitants. In February 1952 the mayor and city commissioners adopted an ordinance providing for the introduction of fluorine into the water supply to reduce dental caries in the teeth of young children. The plaintiff as a resident and taxpayer brought suit to enjoin such action. A demurrer to his complaint was sustained. On appeal, held, affirmed. A city, in the exercise of its police power, may enact reasonable regulations for the protection of the public health, …
The Scope Of Constitutional Guaranties Of Religious Freedom
The Scope Of Constitutional Guaranties Of Religious Freedom
Washington and Lee Law Review
No abstract provided.
Religious Liberty In The American Law, Carl Zollman
Religious Liberty In The American Law, Carl Zollman
Michigan Law Review
When the convention which framed the federal constitution assembled in Philadelphia in 1787 religious tests as a qualification for office were actually a part of the constitutions of most of the thirteen original states.' While Massachusetts2 and%,Maryland3 required from certain state officers only a declaration of a belief in the Christian religion, the fundamental law of Georgia, New Hampshire, New Jersey and North Carolina4 limited such belief to the Protestant religion and was designed to require a positive and affirmative test and not merely the negative qualification of not being a Roman Catholic.0 The Delaware, North Carolina and Pennsylvania constitutions7 …
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane
Books
“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley
Books
In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State ·legislatures. In the accomplishment of that purpose, the author further stated that he had faithfully endeavored to give the law as it had been settled by …
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley
Books
“In these pages the author has faithfully endeavored to state the law as it has been settled by the authorities, rather than to present his own views. At the same time he will not attempt to deny -- what will probably be sufficiently apparent -- that he has written in full sympathy with all those restraints which the caution of the fathers has imposed upon the exercise of the powers of government, and with greater faith in the checks and balances of our republican system, and in correct conclusions by the general public sentiment, than in a judicious, prudent, and …