Law Commons^™

The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

Blooming Confusion: Madison's Mixed Legacy, Steven D. Smith

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

Tort Liability, Religious Entities, And The Decline Of Constitutional Protection, Scott C. Idleman

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin Francis O'Neill

Cleveland State Law Review

The purpose of my remarks today is to suggest that the First Amendment-specifically, the Petition Clause of the First Amendment provides an alternative basis for vindicating gay, lesbian, and bisexual rights in certain cases. At least in the context of voter initiatives that seek to abolish anti-discrimination protection for sexual orientation, the Petition Clause is a promising alternative to equal protection and substantive due process. My objective here was merely to plant a seed: to identify an alternative basis for vindicating the rights of gays, lesbians, and bisexuals-especially when combatting homophobic voter initiatives like those in Romer and Cincinnati. It's …

Religion And Education: Whither The Establishment Clause?, Martha Mccarthy

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

Concerts: Rated Or Raided? First Amendment Implications Of Concert-Rating, Deborah Cazan

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the constitutionality as well as practicality of two different concert-rating statutes. San Antonio ordinance 61,850, the first attempt at concert-rating, has never been challenged constitutionally. This Note asserts that if the ordinance were challenged, the Court would find it constitutionally valid on its face, despite the possibility of unconstitutional applications. However, some unconstitutional consequences remain. The second statute examined is one recently proposed by Senator Shugars in the Michigan state legislature. Like the San Antonio ordinance, this Note concludes that Senate Bill 239 would also withstand a constitutional challenge.

This Note examines the history and structure of …

Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz

Faculty Scholarship

In exploring the range of the First Amendment issues raised by school efforts to discipline students for Internet activities, this Article first examines Supreme Court and lower court precedent involving student speech outside of the Internet context. It then looks at Beussink, the first reported decision to involve discipline of a student for Internet speech. It also discusses other Internet situations in which schools have sought to impose sanctions on students. In its final section, it applies free speech methodology to a range of Internet situations. This exploration identifies some situations where a school is free to control speech that …

The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla

Law Faculty Publications

Proposals for public service programs have long had currency in America, and may be gaining a certain millennium momentum in current public debate. While proposals for national public service programs of varying ambition and scope continue to be debated, at the local level a growing number of U.S. public school districts are implementing community service programs for high school students. Community service programs generally require students to complete a specified number of hours of service as a condition for graduation. In a typical program, a student may be required to complete forty to sixty hours of community service with organizations …

Separation And Schools, Kent Greenawalt

Faculty Scholarship

In commenting on these rich papers by Michel Troper and Michael McConnell, I first analyze the implications of legal and political theory for religious liberty and separation of church and state. I then turn to underlying premises of modern liberal theory about moral education and tolerance among citizens. Lastly, I concentrate on separation as it affects the schooling of children. Despite Professor Troper's emphasis on the uniqueness of French understanding and history, I was struck by how closely French problems about schooling, and their possible resolutions, resemble those in the United States.

The Tobacco Industry And The First Amendment - An Analysis Of The 1998 Master Settlement Agreement, Lori Ann Luka

Journal of Law and Health

This Note discusses and assesses the Government's likelihood of passing constitutional scrutiny with the Master Settlement Agreement's restrictions in light of the First Amendment case law. A majority of the restrictions will likely pass constitutional scrutiny because they meet the demanding requirements of Central Hudson and its progeny. The author believes that a few of the restrictions need to be more narrowly tailored in order to pass constitutional scrutiny. Suggestions on how to narrowly tailor the restrictions to comport with Central Hudson are proffered by the author. Section II provides an overview of the history of First Amendment commercial speech …

The Religious Liberty Protection Act: The Validity Of Using Congress' Commerce And Spending Powers To Protect Religion, Jennifer Dorton

Cleveland State Law Review

Although the Religious Liberty Protection Act appears, on its face, to be simple, there are many constitutional issues which call into question the validity of the proposed bill. This note will focus on the constitutional problems of using Congress' commerce and spending powers to protect religion. It will examine the problem of attaching religious conditions to the States' receipt of federal funds, and the potential problem that may result from using the spending power to protect religious exercise. The note then turns to the commerce clause justification for the RLPA. It will point out the major flaw in using the …

Francis Bacon Takes On The Ghouls: The "First Principles" Of Religious Freedom, Richard W. Garnett

Journal Articles

John Witte, Jr.
Religion and the American Constitutional Experiment:
Essential Rights and Liberties
Westview Press 2000

From the Review

This is a great time for students of the First Amendment's Religion Clauses and of what Professor John Witte calls the American "experiment" with religious freedom. We've been blessed these past few years with an in-print seminar - an upper-division offering, team-taught by faculty heavyweights - on this experiment, its products and prospects, and the values that have shaped it. Our teachers and texts have included, to name just a few, Professor Steven Smith's Foreordained Failure: The Constitutional Quest for a …

The Primacy Of Political Actors In Accommodation Of Religion, William K. Kelley

Journal Articles

This article focuses on the relationship between freedom of religion and the norm against non-establishment of religion in the context of government efforts to accommodate religious practices. It analyzes First Amendment doctrine in this area, and concludes that the Supreme Court has consistently been generous in permitting accommodations of religion when they are the product of judicial decisions; in other words, at least until recently the Court has been open to mandatory accommodations so long as they are ordered by judges. By contrast, the Court has long been suspicious of - and far from generous in permitting - accommodations as …

Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon

St. Mary's Law Journal

Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …

Resolving Tensions Between Copyright And The Internet, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Constitutional Law: Vouchers, Sectarian Schools, And Constitutional Uncertainty: Choices For The Unites States Supreme Court And The States, Catharine V. Ewing

Oklahoma Law Review

No abstract provided.

Brief Amici Curiae Of Christian Legal Society And The National Association Of Evangelicals In Support Of Respondent, Kimberlee Wood Colby, Gregory S. Baylor, Carl H. Esbeck, Richard W. Garnett, Michael Stokes Paulsen

Court Briefs

No. 99-138
Jenifer and Gary Troxel v. Tommie Granville

From the Summary of the Argument

Our argument that the decision below should be affirmed rests on a few basic points, none of which necessarily prejudices the case for a grandparent-visitation statute that is narrowly tailored to serve a compelling state interest. First, the statutes at issue are not grandparent-visitation statutes. Even if they were, the Petitioners and their amici have not pointed to any other visitation statutes that share the objectionable and unconstitutional features of Washington's particular statutes.

Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Dale V. Boy Scouts Of America: New Jersey's Law Against Discrimination Weighs The Balance Between The First Amendment And The State's Compelling Interest In Eradicating Discrimination, Karen L. Dayton

Georgia State University Law Review

No abstract provided.

Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cable Internet Unbundling: Local Leadership In The Deployment High Speed Access, Marcus Maher

Federal Communications Law Journal

With the pending merger of TCI and AT&T and their promise of "one-stop" television, Internet, and telephone service, the cable Internet issues move to the forefront. The desire of traditional Internet Service Providers to gain access to new high-speed technologies for Internet access led to requests for unbundling or open access to cable systems. Despite the heated debate on the need for unbundling that has occurred at the federal level, local authorities have taken the lead in requiring open access to cable for competing ISPs. General anticompetitive concerns with cable Internet dominated by the cable company could be alleviated in …

The Constitutionality Of The Driver’S Privacy Protection Act: A Fork In The Information Access Road, Angela R. Karras

Federal Communications Law Journal

The Driver's Privacy Protection Act, instituted in 1997, regulates the disclosure of personal information in motor vehicle records. New controversy surrounds it today as the U.S. Supreme Court evaluates the arguments presented in November 1999 regarding its constitutionality. A split among circuit courts, coupled with the tremendous growth in technology and subsequent new in-roads for information access, draw increased attention toward the Act. The concern for information access in light of the Act, however, reaches beyond the courts' elucidated concerns about dual sovereignty and the public's right to privacy. This Note argues that there is a forgotten argument: the Act's …

Petitioners' Reply Brief, William H. Meub, Orland Campbell Jr., Richard W. Garnett, Michael Stokes Paulsen

Court Briefs

No. 99-628
Cynthia Andrews v. Vermont Department of Education

On Petition For A Writ Of Certiorari To The Vermont Supreme Court

From the Petitioners' Reply Brief

The question presented in this case is whether the First Amendment allows government to discriminate on the basis of religion in funding school-choice education programs that include private schools. In the Petition, we showed (1) that this issue is nationally important; (2) that this issue is recurrent; and (3) that this issue has generated extraordinary and pervasive conflicts among lower and federal state courts, and between decisions of lower courts and this Court.

Petition For A Writ Of Certiorari, William H. Meub, Orland Campbell Jr., Richard W. Garnett, Michael Stokes Paulsen

Court Briefs

No. 99-628
Cynthia and Douglas Andrews v. Chittenden Town School District

On Petition For A Writ Of Certiorari To The Vermont Supreme Court

From the Reasons for Granting the Writ

This is a case about discrimination - discrimination against "religious ideas, religious people, [and] religious schools." Board of Educ. of Kiryas Joel v. Grumet, 512 U.S. 687, 717 (1994) (O'Connor, J., concurring in part and concurring in the judgment). Vermont provides an immensely valuable benefit - tuition - to eligible residents and their high-school-age children. Petitioners have been denied this educational benefit solely because they have chosen a religious …

Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

A Reply, Marci A. Hamilton

Articles

It is not often that one gets such immediate (and lengthy) written responses to one's work. It is both humbling and a blessing. My five interlocutors have offered me the opportunity to gaze at my own work as it is reflected in five different pools. I like some of what I see, do not recognize some of it, and will refine other aspects in this brief reply. My only regret is that I simply cannot in the space of a reply respond to many of the interesting and worthy points raised.

Power, The Establishment Clause, And Vouchers, Marci A. Hamilton

Articles

No abstract provided.

Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.