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Full-Text Articles in Law
A Line Drawn By Unsteady Hands: Section 170, Charitable Contributions, And Return Benefits In Hernandez V. C.I.R., David M. Phipps
A Line Drawn By Unsteady Hands: Section 170, Charitable Contributions, And Return Benefits In Hernandez V. C.I.R., David M. Phipps
Akron Law Review
This Note analyzes the majority decision and dissenting opinion in Hernandez, which have far-reaching implications for charitable organizations, taxpayers, and the government. Traditional tax deductions for charitable organizations may be in danger and these organizations may suffer economic difficulty?
Of Flags And Menorahs: The Power Of Individual And Governmental Symbolic Speech, Mark F. Kohler
Of Flags And Menorahs: The Power Of Individual And Governmental Symbolic Speech, Mark F. Kohler
Akron Law Review
The aim of this article will be to explore the nature of symbolic speech, both individual and governmental. Using Johnson and Allegheny County as a backdrop, four themes will emerge from the article. First, both individuals and government speak and speak powerfully through symbols and symbolic conduct. Second, medium-based regulation of individual speech should receive careful judicial scrutiny. Third, unlike individual symbolic expression, governmental symbolic speech is subject to substantial content-based restrictions. Finally, careful distinctions must be drawn between government-initiated symbolic speech and governmental endorsement of individual symbolic speech.
Aclu V. Capitol Square Review And Advisory Board: Is There Salvation For The Establishment Clause? "With God All Things Are Possible.", Theologos Verginis
Aclu V. Capitol Square Review And Advisory Board: Is There Salvation For The Establishment Clause? "With God All Things Are Possible.", Theologos Verginis
Akron Law Review
Part II of this Note provides a cursory review of the evolution of Establishment Clause jurisprudence, and it particularly focuses on the primary tests for analyzing the Establishment Clause that the Supreme Court has promoted over the years. Part III discusses the procedural history of the "Ohio State Motto" case with particular emphasis on the courts' decisions and their reasoning. Part IV analyzes the decision by the Court of Appeals for the Sixth District and addresses some of the concerns that inhere in the decision. Finally, Part V concludes the Note.
Newdow Calls For A New Day In Establishment Clause Jurisprudence: Justice Thomas's "Actual Legal Coercion" Standard Provides The Necessary Renovation, James A. Campbell
Newdow Calls For A New Day In Establishment Clause Jurisprudence: Justice Thomas's "Actual Legal Coercion" Standard Provides The Necessary Renovation, James A. Campbell
Akron Law Review
This Comment examines the concurring opinions of Justice O’Connor and Justice Thomas in Newdow and explores whether either approach is able to solve the problems inherent in the Court’s current analysis. Section II discusses the meaning of the Establishment Clause and explores its historical background. Section III outlines current Establishment Clause analysis and its inherent hostility toward religion. Section IV introduces O’Connor’s ceremonial deism approach and Thomas’s “actual legal coercion” test, as outlined in Newdow. Section V discusses the inability of O’Connor’s approach to solve the inherent deficiencies in the Court’s current analysis, whereas, Section VI argues that Thomas’s actual …
Revival: Toward A Formal Neutrality Approach To Economic Development Transfers To Religious Institutions, Ryan A. Doringo
Revival: Toward A Formal Neutrality Approach To Economic Development Transfers To Religious Institutions, Ryan A. Doringo
Akron Law Review
Part I of this Note explores the contours of the complicated history of the Establishment Clause by examining the creation of the Lemon test and the inconsistencies of the test’s subsequent application. The Note then explores Justice O’Connor’s endorsement modification to that test. Part I concludes with a discussion of the Supreme Court’s move toward embracing a principle formal neutrality. Part II provides a factual history of the transfer at issue and a detailed summary of the District Court’s opinion in Wirtz. Part III of the Note explains that the Constitution does not preclude economic development transfers to religious institutions. …