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Missouri Law Review

2004

Constitutional law

Articles 1 - 3 of 3

Full-Text Articles in Law

Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch Nov 2004

Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch

Missouri Law Review

No abstract provided.


Defending Deference: A Response To Professors Epstein And Wells, Robert J. Pushaw Jr. Nov 2004

Defending Deference: A Response To Professors Epstein And Wells, Robert J. Pushaw Jr.

Missouri Law Review

This Note primarily seeks to challenge Professor Wells’s ideas contributed to the symposium. Specifically, the Constitution creates political and institutional structures that lead to strong executive-branch initiative in military affairs and fairly circumscribed judicial review. Constitutional considerations, as well as precedent, cast doubt on the viability of Wells’s “hard look” proposal and suggest that the Court will—should—continue its pattern of reviewing with deference wartime claims that the President has violated individual rights.


Missouri's Religious Freedom Restoration Act: A New Approach To The Cause Of Conscience, James A. Hanson Jun 2004

Missouri's Religious Freedom Restoration Act: A New Approach To The Cause Of Conscience, James A. Hanson

Missouri Law Review

This Law Summary will examine both the congressional and state efforts to buttress religious liberty guarantees. Of primary interest here is the most recent addition to this community: Missouri’s RFRA. After outlining the history and language of Missouri’s RFRA, this Summary will provide guidance for the interpretation and application of the statute in Missouri.