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Articles 1 - 5 of 5

Full-Text Articles in Law

Talking Chalk: Talking Chalk: Defacing The First Amendment In The Public Forum, Marie A. Failinger Dec 2012

Talking Chalk: Talking Chalk: Defacing The First Amendment In The Public Forum, Marie A. Failinger

Marie A. Failinger

Over the past few years, protesters have been arrested for chalking messages on public forum sidewalks. This article discusses why such arrests are discriminatory and violate the jurisprudence of, and values behind, the Speech Clause


Lutheran And Yet Not Lutheran: A Church School Tests The Dilemma Of Church And State, Marie A. Failinger Feb 2012

Lutheran And Yet Not Lutheran: A Church School Tests The Dilemma Of Church And State, Marie A. Failinger

Marie A. Failinger

This article critiques the events surrounding the Hosanna-Tabor case, and discusses the dilemma of church-state relationships, from a Lutheran perspective.


The Paradox In Madness: Vulnerability Confronts The Law, Marie Failinger Jan 2012

The Paradox In Madness: Vulnerability Confronts The Law, Marie Failinger

Marie A. Failinger

Using personal narrative, this article engages the durable power of attorney and the abuses that can occur when the maker of a power is mentally ill. It proposes some basic safeguards necessary to protect the dignity and autonomy of the maker.


Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger Jan 2012

Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger

Marie A. Failinger

This article surveys mentions of Islam and Muslims in American federal and state court cases from 1800 to 1960.


Finding A Voice Of Challenge: The State Responds To Religious Women And Their Communities, Marie A. Failinger Jan 2012

Finding A Voice Of Challenge: The State Responds To Religious Women And Their Communities, Marie A. Failinger

Marie A. Failinger

The appropriate response of Western nation-states to the situation of religious women who are caught between democratic norms of gender equality and the demands of their religious community has been a source of tension in many Western nations, including the U.S. This article attempts to give voice to the complex nature of women’s religious conduct as tied to their identities, and to propose alternative ways that the state might further its norms of gender equality besides intrusive regulation of religious communities.