Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Law

Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz Dec 1989

Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark Oct 1989

The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark

Publications

This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …


Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz Jun 1989

Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Debating A Paralyzing Objectivity, Bruce Ledewitz Jun 1989

Debating A Paralyzing Objectivity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters May 1989

Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters

Northern Illinois University Law Review

This Casenote discusses the Supreme Court opinion in Lyng v. Northwest Indian Cemetery Protective Association, which approved road construction across land held sacred by various North American Indian tribes. The Note examines the free exercise clause of the first amendment under which the Indians challenged the Forest Service project, and that clause's development through constitutional case law as a guarantee of fundamental religious rights. This Note suggests that the Court's incremental departure from strict scrutiny analysis in free exercise controversies has, at least for Native Americans, culminated with the decision in Lyng.


Onward Constitutional Soldiers, Milner S. Ball May 1989

Onward Constitutional Soldiers, Milner S. Ball

Michigan Law Review

A Review of Constitutional Faith by Sanford Levinson


Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz Apr 1989

Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Abolition Then And Now, Bruce Ledewitz Apr 1989

Abolition Then And Now, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”


"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler Apr 1989

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

William & Mary Law Review

No abstract provided.


Defining Religion In The First Amendment: A Functional Approach , Ben Clements Mar 1989

Defining Religion In The First Amendment: A Functional Approach , Ben Clements

Cornell Law Review

No abstract provided.


The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall Jan 1989

The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall

Faculty Publications

No abstract provided.


Living Without Rights-- In Manners, Religion, And Law, Richard Stith Jan 1989

Living Without Rights-- In Manners, Religion, And Law, Richard Stith

Law Faculty Publications

No abstract provided.


Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz Jan 1989

Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”


God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle Jan 1989

God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle

Fordham Law Review

No abstract provided.


Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley Jan 1989

Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley

Journal Articles

"Separation of church and state" is right up there with Mom, apple pie, and baseball in American iconography. If everyone agrees on separation of church and state, why does the relationship between religion and public life so vex, excite, and confound us? Part of the reason is that church-state separation, although it is the historical achievement of societies decisively shaped by a Christianity that was itself decisively shaped by Judaism, is a commodious concept.

But "separation of church and state" is not contentless, and our conclusive agreement on it, I submit, provides a valuable common frame of reference in an …


After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky Jan 1989

After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky

Scholarly Works

No abstract provided.


Constitutional Law: Guinn V. Collinsville Church Of Christ: Balancing An Individual's Right To Tort Compensation And The First Amendment's Religion Clauses, David K. Ratcliff Jan 1989

Constitutional Law: Guinn V. Collinsville Church Of Christ: Balancing An Individual's Right To Tort Compensation And The First Amendment's Religion Clauses, David K. Ratcliff

Oklahoma Law Review

No abstract provided.