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Articles 1 - 30 of 129
Full-Text Articles in Law
Judicial Elections, Gene R. Nichol
An Essay On The Right Of Judges And Judicial Candidates To Freedom Of Speech, Robert F. Orr
An Essay On The Right Of Judges And Judicial Candidates To Freedom Of Speech, Robert F. Orr
First Amendment Law Review
No abstract provided.
Contents, First Amendment Law Review
A Matter Of Perspective, Penny J. White
A Matter Of Perspective, Penny J. White
First Amendment Law Review
No abstract provided.
North Carolina In The Post White Decision World: Where We Are, How We Got There, And Where To Go Next, J. Christopher Heagarty
North Carolina In The Post White Decision World: Where We Are, How We Got There, And Where To Go Next, J. Christopher Heagarty
First Amendment Law Review
No abstract provided.
When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll
When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll
First Amendment Law Review
No abstract provided.
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
BYU Law Review
No abstract provided.
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
BYU Law Review
No abstract provided.
"Omalous" Autonomy, Perry Dane
An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston
An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston
BYU Law Review
No abstract provided.
Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
BYU Law Review
No abstract provided.
Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko
Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko
BYU Law Review
No abstract provided.
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
BYU Law Review
No abstract provided.
An Architecture For Spam Regulation, David Dickinson
An Architecture For Spam Regulation, David Dickinson
Federal Communications Law Journal
Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …
Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan
Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan
Maurer Law Events
On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970.
Joining Professors Schornhorst and Baude on the panel are three …
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
Cornell Law Faculty Publications
Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …
Introduction, Kevin J. Worthen
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
BYU Law Review
No abstract provided.
More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
BYU Law Review
No abstract provided.
The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg
The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg
BYU Law Review
No abstract provided.
Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law
Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle
Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn
Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn
William & Mary Bill of Rights Journal
No abstract provided.
Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards
Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards
William & Mary Bill of Rights Journal
No abstract provided.
Presentation By Councilmember Kathy Patterson, Kathy Patterson
Presentation By Councilmember Kathy Patterson, Kathy Patterson
University of the District of Columbia Law Review
No abstract provided.
The Policing Of Demonstrations In The Nation's Capital: Legislative And Judicial Corrections Of A Police Department's Misconception Of Mission And Failure Of Leadership, Ralph Temple
University of the District of Columbia Law Review
No abstract provided.
Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh
Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh
University of the District of Columbia Law Review
No abstract provided.
Privacy Concerns Regarding The Monitoring Of Instant Messaging In The Workplace: Is It Big Brother Or Just Business?, Ira David
Nevada Law Journal
No abstract provided.
Introduction, Brett G. Scharffs
The Establishment Clause Gag Reflex, Frederick Mark Gedicks
The Establishment Clause Gag Reflex, Frederick Mark Gedicks
BYU Law Review
Some outcomes of Establishment Clause cases are better defended on realist rather than doctrinal grounds - that is, not on the basis of supposedly neutral principles, but by reference to some assessment of the kinds of church-state interactions that most Americans would tolerate. I call this the Establishment Clause gag reflex.
A constitutional gag reflex refers to the instinctive intellectual revulsion one might feel in response to the doctrine or holding of a case. For example, a contemporary judicial decision countenancing permanent denial of citizenship to racial minorities, or that denied to such minorities liberty or equality rights enjoyed by …