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Full-Text Articles in Law
Rutan V. Republican Party Of Illinois And Patronage Employment Practices: Clarification Or Confusion?, David Herman
Rutan V. Republican Party Of Illinois And Patronage Employment Practices: Clarification Or Confusion?, David Herman
Northern Illinois University Law Review
This recent United States Supreme Court decision determined that hiring, rehiring after layoffs, promotions, and transfers based on political affiliation or support, were impermissible infringements on a public employees' first amendment rights. This note examines the conflicting cases prior to Rutan, the Rutan decision, and the implications the decision will have in the area of political patronage employment practices. The author concludes that Rutan clarifies the scope of the First Amendment protection given employees from patronage practices but fails to clarify who is to receive the protection and suggests that the traditional "confidential or policymaking" test be modified.
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
Indiana Law Journal
No abstract provided.
The Sacred Flag And The First Amendment, Sheldon H. Nahmod
The Sacred Flag And The First Amendment, Sheldon H. Nahmod
Indiana Law Journal
No abstract provided.
Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr.
Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr.
St. Mary's Law Journal
States can reform the ineffective educational system by adopting a free educational choice system. A free educational choice system would reimburse parents of educational expenditures through a voucher or tax deduction and will give parents the freedom to select the school their child attends. While free choice may present a viable solution for educational reform, one major obstacle is the possibility free choice would violate the Establishment Clause of the First Amendment by providing aid to sectarian schools. A free educational choice legislation will be subject to review under the Lemon v. Kurtzman test to determine if the financial aid …
Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson
St. Mary's Law Journal
In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …