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Articles 1 - 17 of 17
Full-Text Articles in Law
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
Donald L. Beschle
The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …
When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo
When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo
Lynne H. Rambo
Judges harm the judicial institution when they engage in inflammatory or overtly political extrajudicial speech. The judiciary can be effective only when it has the trust of the citizenry, and judicial statements of that sort render it impossible for citizens to see judges as neutral and contemplative arbiters. This lack of confidence would seem especially dangerous in times like these, when the citizenry is as polarized as it has ever been.
Ethical codes across the country (based on the Model Code of Judicial Conduct) prohibit judges from making these partisan, prejudicial or otherwise improper remarks. Any discipline can be undone, …
The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green
The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green
Michael Z. Green
This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …
No, Jeff Sessions, There Isn't A War On Religion, Alan E. Garfield
No, Jeff Sessions, There Isn't A War On Religion, Alan E. Garfield
Alan E Garfield
No abstract provided.
Tinkering With Success: College Athletes, Social Media And The First Amendment, Mary Margaret Meg Penrose
Tinkering With Success: College Athletes, Social Media And The First Amendment, Mary Margaret Meg Penrose
Meg Penrose
Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes’ social media usage attempt to urge policy directives clothed in constitutional analysis.
In this author’s opinion, these articles have lost perspective – constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.
Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco
Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco
Robert Probasco
In recent years, there have been several high-profile prosecutions for violations of the Federal Election Campaign Act, involving contributions nominally by one individual but funded or reimbursed by another individual deemed to be the true contributor. Prosecutions of these “conduit contribution” cases have been surprising in at least three significant respects. First, the prosecutions have been based on violations of FECA’s reporting requirements and may not have involved any violations of the substantive prohibitions or limitations of contributions. Second, the defendants were the donors rather than campaign officials who actually filed reports with FECA. Third, the cases were prosecuted as …
Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, Donald L. Beschle
Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, Donald L. Beschle
Donald L. Beschle
No abstract provided.
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Flag-Waving: Visual Arguments, Verbal Reconstruction, And Speaker Intentions, Brian Larson
Flag-Waving: Visual Arguments, Verbal Reconstruction, And Speaker Intentions, Brian Larson
Brian Larson
Trump's Forced Patriotism Has No Place In A Free Society, Alan E. Garfield
Trump's Forced Patriotism Has No Place In A Free Society, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Visibility Value Of The First Amendment, Brian C. Murchison
The Visibility Value Of The First Amendment, Brian C. Murchison
Brian C. Murchison
No abstract provided.
Reconciling The Lanham Act And The Fdca: A Comment On Chris Hurley’S Note, Christopher B. Seaman
Reconciling The Lanham Act And The Fdca: A Comment On Chris Hurley’S Note, Christopher B. Seaman
Christopher B. Seaman
No abstract provided.
Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman
Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman
Howard M Wasserman
The story of police reform and of "policing the police" has become the story of video and video evidence, and "record everything to know the truth" has become the singular mantra. Video, both police-created and citizen-created, has become the singular tool for ensuring police accountability, reforming law enforcement, and enforcing the rights of victims of police misconduct. This Article explores procedural problems surrounding the use of video recording and video evidence to counter police misconduct, hold individual officers and governments accountable, and reform departmental policies, regulations, and practices. It considers four issues: 1) the mistaken belief that video can "speak …
National Security Letters And Intelligence Oversight, Michael J. Greenlee
National Security Letters And Intelligence Oversight, Michael J. Greenlee
Michael Greenlee
The history of NSL [national security letter] powers can serve as an illuminating example of the post-Church Committee development of intelligence investigations. Many of the Church Committee findings and recommendations concerning the need for expanded oversight to prevent the executive branch from violating or ignoring the law, excessively using intrusive investigation techniques, and conducting overbroad investigations with inadequate controls on the retention and dissemination of the information gathered are all reflected in the development of NSL powers and authorities from their creation in 1978 through passage of the PlRA [USA PATRIOT Improvement and Reauthorization Act] in 2006. At each stage …
Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens
Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens
Kent Greenfield
Professor Greenfield was the principal author of an amicus brief on behalf of 33 corporate law professors in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, argued in December 2017. The brief argues that shareholders’ religious and political beliefs should not be projected onto a corporation for purposes of First Amendment accommodation.
When Judges Are Theologians: Adjudicating Religious Questions, Michael A. Helfand
When Judges Are Theologians: Adjudicating Religious Questions, Michael A. Helfand
Michael A Helfand
Implied Consent To Religious Institutions: A Primer And A Defense, Michael A. Helfand
Implied Consent To Religious Institutions: A Primer And A Defense, Michael A. Helfand
Michael A Helfand