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Two-Dimensional Doctrine And Three-Dimensional Law: A Response To Professor Weinstein, Philip A. Hamburger
Two-Dimensional Doctrine And Three-Dimensional Law: A Response To Professor Weinstein, Philip A. Hamburger
Faculty Scholarship
Professor Weinstein examines how the IRB laws would fare under Supreme Court doctrine, and whereas it is my view that these laws should be considered unconstitutional, he reaches largely the opposite conclusion. His article therefore offers a valuable opportunity for further exploration of the constitutional questions, and although there is not sufficient space here to discuss all of his analysis, it seems important at least to draw attention to the major points on which we take different perspectives.
Getting Permission, Philip A. Hamburger
Getting Permission, Philip A. Hamburger
Faculty Scholarship
Institutional Review Boards ("IRBs") are the instruments of a system of licensing – a system under which scholars, students, and other researchers must get permission to do research on human subjects. Although the system was established as a means of regulating research, it regulates research by licensing speech and the press. It is, in fact, so sweeping a system of licensing speech and the press that it is reminiscent of the seventeenth century, when Galileo Galilei had to submit to licensing and John Milton protested against it. Accordingly, it is necessary to examine the constitutionality of IRB licensing and, more …
Religion And The Rehnquist Court, Kent Greenawalt
Religion And The Rehnquist Court, Kent Greenawalt
Faculty Scholarship
This summary Article pays predominant attention to what the Rehnquist Court has altered. It slights a significant range of continuity. That includes the Court's strong rejection of laws that discriminate among religions or that target religious practices and the Court's inhospitable response to religious exercises that are sponsored by public schools. Although "continuity" may be a misleading term for subjects a court has not addressed, the Supreme Court has not touched the law regarding judicial involvement in church property disputes since Rehnquist became Chief Justice, and nothing it has decided presages an obvious shift in that jurisprudence.