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Articles 1 - 5 of 5
Full-Text Articles in Law
Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha
Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha
Faculty Scholarship
No abstract provided.
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Faculty Scholarship
No abstract provided.
The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel Gora
The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel Gora
Faculty Scholarship
No abstract provided.
Indeterminacy And The Establishment Clause, Frederick Mark Gedicks
Indeterminacy And The Establishment Clause, Frederick Mark Gedicks
Faculty Scholarship
Prepared for a symposium on Kent Greenawalt, 2 Religion and the Constitution: Establishment and Fairness (Princeton, 2008), this essay responds to Professor Greenawalt's criticism of my argument in The Rhetoric of Church and State (Duke, 1995), that Establishment Clause doctrine is the incoherent residue of conflicting rhetorical discourses of religious communitarianism and secular individualism. Not only are the Supreme Court's Establishment Clause decisions inconsistent at the margins, but there is no identifiable core meaning that can account for these decisions. The essay concludes that, contra Greenawalt, the thesis of conflicting rhetorical discourses remains the most powerful explanation of the Court's …
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai
Faculty Scholarship
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …