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Full-Text Articles in Law
Constitutional Memories, Jack M. Balkin
Constitutional Memories, Jack M. Balkin
William & Mary Bill of Rights Journal
Many arguments in constitutional law invoke collective memory. Collective memory is what a group—for example, a religion, a profession, a people, or a nation—remembers and forgets about its past. This combination of remembering and forgetting helps constitute the group’s identity and structures its values and its commitments. Precisely because memory is selective, it may or may not correspond to the best account of historical facts.
The use of collective memory in constitutional argument is constitutional memory. It shapes people’s views about what the law means and why people have authority. Lawyers and judges continually invoke and construct memory; judicial decisions …
Making Hazelwood Age-Appropriate: How Viewpoint Neutrality And Recontextualizing The Age-Appropriate Standard Might Save School-Sponsored Lgbt Speech, Rebecca Girardin
Making Hazelwood Age-Appropriate: How Viewpoint Neutrality And Recontextualizing The Age-Appropriate Standard Might Save School-Sponsored Lgbt Speech, Rebecca Girardin
William & Mary Bill of Rights Journal
Younger people are identifying as lesbian, gay, bisexual, or transgender (henceforth “LGBT”) more than any previous generation. Likewise, there has been a proliferation of free-speech litigation involving student speech that discusses LGBT issues. Beyond just LGBT speech in school, there has been a recent resurgence in the discussion around the relationship between parents, students, school administrators, and school boards when it comes to regulating school-sponsored speech.
Besides the growing number of students identifying as LGBT, protecting LGBT speech in school is of particular importance because the manner in which a school deals with LGBT speech directly influences the mental health …