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Full-Text Articles in Law
Privatizing And Publicizing Speech, Nelson Tebbe
Privatizing And Publicizing Speech, Nelson Tebbe
Nelson Tebbe
When and how should governments be permitted to use private-law mechanisms to manage their public-law obligations? This short piece poses that question in the context of Summum, which the Supreme Court decided earlier this year, and Buono, which it will hear in the fall. In both cases, the government manipulated formal property rules in order to fend off constitutional challenges. In Summum, the government took ownership of a religious symbol in the face of a free speech challenge, while in Buono it shed ownership of land containing another sectarian symbol in an effort to moot an Establishment Clause problem. Although …
Submission On S 18c Reforms, Neil J. Foster
Submission On S 18c Reforms, Neil J. Foster
Neil J Foster
A copy of my submission to the Commonwealth Attorney-General concerning amendments to s 18C of the Racial Discrimination Act 1975 on racial vilification
Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett
Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett
Richard W Garnett
What role do religious communities, groups, and associations play - and, what role should they play - in our thinking and conversations about religious freedom and church-state relations? These and related questions - that is, questions about the rights and responsibilities of religious institutions - are timely, difficult, and important. And yet, they are often neglected.
It is not new to observe that American judicial decisions and public conversations about religious freedom tend to focus on matters of individuals' rights, beliefs, consciences, and practices. The special place, role, and freedoms of groups, associations, and institutions are often overlooked. However, if …