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Articles 1 - 11 of 11
Full-Text Articles in Law
Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland
Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland
Indiana Law Journal
No abstract provided.
Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs
Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs
Indiana Law Journal
No abstract provided.
The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld
The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld
William & Mary Law Review
No abstract provided.
Book Review Of The Constitutional Right Of Association, Jeffrey M. Graham
Book Review Of The Constitutional Right Of Association, Jeffrey M. Graham
William & Mary Law Review
No abstract provided.
The First Amendment And The Judicial Process: A Reply To Mr. Frantz, Wallace Mendelson
The First Amendment And The Judicial Process: A Reply To Mr. Frantz, Wallace Mendelson
Vanderbilt Law Review
Cut loose from its foundation in the distinction between discussion and incitement, the clear and present danger test lost its rational meaning and became a cloak for "vague but fervent transcendental-ism." In short, the activists destroyed it as an intelligible guide to decision-and then abandoned it about a dozen years ago. Meanwhile they have tried, and apparently discarded, one "new" verbalism after another. The latest is Mr. Justice Black's absolutist concentration on two untroubled words in the first amendment: "no law." This gambit--"no law means no law"--again begs all the difficulties simply by ignoring them. As Dean Griswold has suggested, …
The Establishment Syndrome And Religious Liberty, John E. Dunsford
The Establishment Syndrome And Religious Liberty, John E. Dunsford
Duquesne Law Review
Seventeen years have passed since the Supreme Court chose the establishment clause of the First Amendment as the preferred reed through which to breathe modern relevance into an 18th century formulation of church-state relationships. Prior to 1947 the Court "had seldom undertaken to supply content to that part of the first amendment concerned with separation."' With the Everson decision, a period opened in which the commodious dimensions of the establishment concept invited the legal soul to trace out that grand design which presumably must distinguish and exalt the American understanding of the place of religion in society. Almost to a …
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
Journal Articles
It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …
Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer
Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer
Journal Articles
According to the opinion of Mr. Justice Brennan in Jacobellis v. Ohio, the Supreme Court itself must weigh and decide the issues in obscenity cases; it must decide whether the disputed material is obscene; and it must decide this according to the standards of the community, that is, the whole country—all 50 States. In other words, the Court must apply a national standard. This note is addressed primarily to that opinion.
The Establishment Clause And The Ecumenical Movement, Robert C. Casad
The Establishment Clause And The Ecumenical Movement, Robert C. Casad
Michigan Law Review
In recent years the Roman Catholic Church has begun to give tentative official support to the view that eventual reconciliation with the Protestants is feasible and desirable. The acceptance of the ecumenical ideal by the Roman Catholic Church removes virtually all doubt that in the ecumenical movement organized Christianity is facing an upheaval of major importance, comparable perhaps to the Reformation. It is not likely to lose force after a few years, as so many minor religious movements do. It is definitely under way, gaining momentum year by year. It is bound to have far-reaching effects and give rise to …
The Constitutional Right Of Association. By David Fellman, Edward L. Barrett Jr.
The Constitutional Right Of Association. By David Fellman, Edward L. Barrett Jr.
San Diego Law Review
Professor Fellman's little book provides a helpful survey of the cases dealing with freedom of association. It is written simply enough to satisfy the demand of interested citizens who wish to be informed as to the legal principles applied in giving content to that "right of association" which has long been regarded as part of our constitutional heritage. Beyond that, however, the collection of cases and literature is sufficiently exhaustive to provide the base point form which legal scholars and social scientists may continue the research necessary for the "truly comprehensive study of the right of association" to which Professor …
Constitutional Law - Motion Picture Censorship - Artistic Merit Of Film As Whole Not Sufficient To Redeem Obscene Parts, Christopher J. Clark
Constitutional Law - Motion Picture Censorship - Artistic Merit Of Film As Whole Not Sufficient To Redeem Obscene Parts, Christopher J. Clark
Villanova Law Review
No abstract provided.