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Articles 1 - 24 of 24
Full-Text Articles in Law
Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor
Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor
William & Mary Bill of Rights Journal
No abstract provided.
Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley
Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley
William & Mary Bill of Rights Journal
This Essay examines the methodological upheaval created by the quartet of constitutional election law cases decided during October Term 2007. Prior to this Term, the ascendant analytic approach called for a threshold characterization of the burden on the plaintiff's rights, which characterization determined whether the court would apply strict scrutiny or lax, rational-basis-like review. The characterization was generally formal in nature. But in light of the Supreme Court's latest decisions, it is now open to a lower court adjudicating a First Amendment or Equal Protection challenge to an election law-absent a Supreme Court precedent squarely on point- (1) to engage …
Election Apparel And The Fashion Police, Timothy Zick
Election Apparel And The Fashion Police, Timothy Zick
Popular Media
No abstract provided.
The University Campus As “Useless Appendage”, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
Popular Media
No abstract provided.
The Sanctity Of Polling Places, Timothy Zick
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
William & Mary Law Review
No abstract provided.
Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington
Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington
William & Mary Bill of Rights Journal
No abstract provided.
Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger
Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger
William & Mary Bill of Rights Journal
No abstract provided.
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
William & Mary Bill of Rights Journal
What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …
The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree
The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree
William & Mary Bill of Rights Journal
When a claimant challenges some governmental law or action under the Free Exercise Clause of the First Amendment, courts have long required the claimant to make out a prima facie case that the government has burdened the exercise of the claimant's sincerely held religious beliefs. This requirement has been referred to as the threshold test for free exercise claims, since claimants must make this showing as a threshold matter before courts will proceed to evaluate the burden and the governmental interest at stake under some standard of scrutiny. This Article argues that although the Supreme Court of the United States …
The State Of The First Amendment, Timothy Zick
The Fleeting Expletives Case, Timothy Zick
The Press And Preemptive Arrests, Timothy Zick
Meatspaces, Cyberspaces, And (Relative) Expressive Freedom, Timothy Zick
Meatspaces, Cyberspaces, And (Relative) Expressive Freedom, Timothy Zick
Popular Media
No abstract provided.
Freedom Of Expression Elsewhere, Timothy Zick
The Political Conventions And The First Amendment, Timothy Zick
The Political Conventions And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
The Reaction To Convention Militarization, Timothy Zick
The Reaction To Convention Militarization, Timothy Zick
Popular Media
No abstract provided.
Pole Dancing: The New Pilates?, Timothy Zick
Porn Air, Timothy Zick
The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle
The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle
William & Mary Bill of Rights Journal
No abstract provided.
Falsity, Insincerity, And The Freedom Of Expression, Mark Spottswood
Falsity, Insincerity, And The Freedom Of Expression, Mark Spottswood
William & Mary Bill of Rights Journal
Three decades ago, the Supreme Court announced that false statements of fact are devoid of constitutional value, without providing either a reasoned explanation for that principle or any supporting citations. This assertion has become one of the most frequently repeated dogmas of First Amendment law and theory, endlessly repeated and never challenged. Disturbingly, this idea has provided the theoretic foundation for a regime in which some speakers can be penalized for even honestly believed factual errors. Even worse, this dogma is flat wrong.
False statements often have value in themselves, and we should protect them even in some situations where …
Higher Education, Harassment, And First Amendment Opportunism, Kenneth L. Marcus
Higher Education, Harassment, And First Amendment Opportunism, Kenneth L. Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Free Expression And Education: Between Two Democracies, Stephen M. Feldman
Free Expression And Education: Between Two Democracies, Stephen M. Feldman
William & Mary Bill of Rights Journal
No abstract provided.
Intelligent Design In Public University Science Departments: Academic Freedom Or Establishment Of Religion, Frank S. Ravitch
Intelligent Design In Public University Science Departments: Academic Freedom Or Establishment Of Religion, Frank S. Ravitch
William & Mary Bill of Rights Journal
No abstract provided.