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Full-Text Articles in Law

Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha Sep 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 …