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Full-Text Articles in Law

The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash Jan 1995

The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash

Law Faculty Publications

In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists use …


United States V. National Treasury Employees Union And The Constitutionality Of The Honoraria Ban: Protecting The First Amendment Rights Of Public Employees, Judy M. Lin Jan 1995

United States V. National Treasury Employees Union And The Constitutionality Of The Honoraria Ban: Protecting The First Amendment Rights Of Public Employees, Judy M. Lin

University of Richmond Law Review

During the 1980s, government ethics were brought into the spotlight as the public's confidence in the integrity of government officials eroded. In an attempt to curb actual and perceived improprieties by government employees, and to reinforce the standards of integrity within the federal government, President Bush signed into law the Ethics Reform Act of 1989.