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Full-Text Articles in Law
The Architecture Of First Amendment Free Speech, Edward J. Eberle
The Architecture Of First Amendment Free Speech, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The German Idea Of Freedom, Edward J. Eberle
The German Idea Of Freedom, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Equality In Germany And The United States, Edward J. Eberle
Equality In Germany And The United States, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Religion In The Classroom In Germany And The United States, Edward J. Eberle
Religion In The Classroom In Germany And The United States, Edward J. Eberle
Law Faculty Scholarship
In this Article, Professor Eberle evaluates the relationship of religion in the classroom in Germany and the United States, as formulated by the countries' highest courts, the German Constitutional Court and the United States Supreme Court Pursuant to the German model of church-state cooperation, public finds are channeled to religious organizations, such as, for example, using the machinery of the state to rise and disperse tax monies to religious organizations. Religious groups may then use the tax monies collected to support religious education in the public schools. However, pursuant to guidelines announced by the German Constitutional Court, teaching of religious …
The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle
The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle
Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Free Exercise Of Religion In Germany And The United States, Edward J. Eberle
Free Exercise Of Religion In Germany And The United States, Edward J. Eberle
Law Faculty Scholarship
In this Article, Professor Edward Eberle provides a comparative overview of constitutional safeguards affecting religious freedom in Germany and the United States. Specifically the author analyzes the German and American approaches to the free exercise of religion within their respective constitutional systems. The result is an illuminating exposition that provides much insight for comparative and constitutional scholars.
In the years following the Second World War, religious freedoms in Germany developed along similar, individualist paths to those found in the United States Constitution. However, unlike the Constitution, the Basic Law's provisions touching on religious liberty are detailed and quite elaborate and …
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
Procedural Due Process: The Original Understanding, Edward J. Eberle
Procedural Due Process: The Original Understanding, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.