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- Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (1)
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- Ministerial Exception (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Exceptionalism Unbound: Appraising American Resistance To Foreign Law, Mark C. Rahdert
Exceptionalism Unbound: Appraising American Resistance To Foreign Law, Mark C. Rahdert
Catholic University Law Review
In a statewide referendum, voters approved a change to the Oklahoma state constitution, adopting restrictions on state judges’ ability to use of foreign law. Dubbed the “Save Our State” (“SOS”) Amendment, the measure forbade Oklahoma state judges from considering or using international or foreign law, except where required to do so by federal statutes or treaties. The SOS Amendment particularly prohibited the use of Sharia law. Similar measures (usually without specific references to Sharia law) have been proposed or adopted elsewhere.
These Amendments, as well as other developments in American politics, reflect a vigorous new strain of a deep-seated tendency …
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Catholic University Journal of Law and Technology
No abstract provided.
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin
Catholic University Journal of Law and Technology
No abstract provided.
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Catholic University Journal of Law and Technology
No abstract provided.
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan
Catholic University Journal of Law and Technology
No abstract provided.
At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez
At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez
Catholic University Law Review
Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.
The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church & School …
Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras
Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras
Catholic University Law Review
A panel, at the National Lawyers Convention, discussed procedure as it relates to First Amendment rights. The panel set forth how First Amendment procedures have historically protected First Amendment substance and discussed modern applications of the issue. For example, the prior restraint doctrine, overbreadth doctrine, the allocation of the burden of proof and relaxation of ripeness rules have important implications for challenging restrictions on speech and defending against libel and defamation.
The interaction of free speech and due process is often seen in litigation involving civil harassment orders, or civil protection orders. In many jurisidictions the definition of harassment permits …
A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, Andrew D. Howell
A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, Andrew D. Howell
Catholic University Law Review
The First Amendment has long been held to protect the right of citizens to gather information. In 1980, the Supreme Court articulated a two-pronged test in Richmond Newspapers v. Virginia, which examined both the “experience” and “logic” of granting public access to criminal trials. The jurisprudence of lower courts has since extended this qualified First Amendment presumptive right of access to civil trial and administrative hearings. This Comment examines the extension of this constitutional test to the governmental process at work at polling places. This Comment argues that the public, via the powerful vehicle of the press, ultimately meets …