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Full-Text Articles in Law

Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry Dec 2005

Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry

Patrick M. Garry

The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …


Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer Dec 2005

Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer

Matthew Rimmer

Of late, there has been a spate of popular and academic books decrying that copyright law has a detrimental impact upon freedom of expression. Most notably, in Free Culture, Lawrence Lessig has tilted at the comforting, consoling fiction of the Supreme Court of the United States in Harper & Row that ‘copyright is an engine of free expression’. He complains:

"Now that technology enables us to rebuild the library of Alexandria, the law gets in the way. And it doesn’t get in the way for any useful copyright purpose, for the purpose of copyright is to enable the commercial market …