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Full-Text Articles in Law
Closed Meetings Under Foia Turn Fifty: The Old, The New, And What To Do, Tyler C. Southall
Closed Meetings Under Foia Turn Fifty: The Old, The New, And What To Do, Tyler C. Southall
University of Richmond Law Review
No abstract provided.
Free Exercise And Comer: Robust Entrenchment Or Simply More Of A Muddle?, Mark Strasser
Free Exercise And Comer: Robust Entrenchment Or Simply More Of A Muddle?, Mark Strasser
University of Richmond Law Review
Several states are barred by their own constitutions from spending public monies in support of sectarian institutions. The United States Supreme Court has manifested great ambivalence about the constitutionality of such limitations. Sometimes, the Court has impliedly endorsed them as a reasonable measure to assure that Establishment Clause guarantees are respected. At other times, the Court has suggested that such limitations are constitutionally disfavored, although the Court has not yet held that such amendments are per se unconstitutional. The Court’s most recent decision addressing state constitutional spending limitations, Trinity Lutheran Church of Columbia, Inc. v. Comer, adds another layer of …
Race, Speech, And Sports, Matthew J. Parlow
Race, Speech, And Sports, Matthew J. Parlow
University of Richmond Law Review
Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (“NFL”) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and the San Francisco 49ers, Kaepernick’s team at the time.
Reconsidering Selective Conscientious Objection, Andrew J. Haile
Reconsidering Selective Conscientious Objection, Andrew J. Haile
University of Richmond Law Review
In 1971, in the midst of the Vietnam War, the United States Supreme Court decided that to qualify as a conscientious objector (“CO”) one must oppose all war, and not just a particular war. The Court’s decision in Gillette v. United States turned on its interpretation of section 6(j) of the Military Selective Service Act. Section 6(j) provided, in relevant part, that no person shall “be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” According to …
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
University of Richmond Law Review
No abstract provided.
What Did The First Amendment Originally Mean?, Jud Campbell
What Did The First Amendment Originally Mean?, Jud Campbell
Law Faculty Publications
The First Amendment says that “Congress shall make no law … abridging the freedom of speech, or of the press.” For Americans, this language is familiar. But what exactly does it mean? How far do the speech and press clauses restrict governmental power? The founders, as we will see, answered these questions very differently than we typically do today. And the reasons why highlight fundamental shifts in American constitutional thought.