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Villanova University Charles Widger School of Law

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Articles 151 - 180 of 596

Full-Text Articles in Constitutional Law

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady Jul 2004

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

Working Paper Series

Much has been written about the protections afforded by the Free Exercise Clause when government regulation impacts the religious practices of individuals, and if one looks for guidance from the Supreme Court, the rules are fairly clear. Prior to 1990, the Supreme Court had long employed a balancing approach that afforded—at least in theory—significant relief. Under this approach individuals were entitled to exemptions from laws which substantially burdened religious conduct unless enforcement was justified by a compelling state interest. In 1990, in Employment Division v. Smith, the Supreme Court abandoned this balancing test for all but a few categories of …


The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda Jan 2004

The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda

Working Paper Series

In light of increasing punitive damages awards, the United States Supreme Court formulated criteria for evaluating whether a punitive damages award is so unreasonably large that it violates substantive due process. Unfortunately, these "guideposts," which were first erected in BMW v. Gore and applied last term in State Farm v. Campbell, are difficult to use and have resulted in inconsistent decisions. Indeed, Justice Scalia stated that they "mark a road to nowhere." The authors argue that the problems with the guideposts can be fixed by refining the third guidepost, which compares the punitive damages award to the criminal (or civil) …


Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady Jan 2004

Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady

Villanova Law Review (1956 - )

No abstract provided.


Freethought Society V. Chester County And The Ten Commandments Debate: The Buck Stops Here For Establishment Clause Challenges To Religious Public Displays In The Third Circuit, Lauren A. Cates Jan 2004

Freethought Society V. Chester County And The Ten Commandments Debate: The Buck Stops Here For Establishment Clause Challenges To Religious Public Displays In The Third Circuit, Lauren A. Cates

Villanova Law Review (1956 - )

No abstract provided.


God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr. Jan 2004

God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.

Villanova Law Review (1956 - )

No abstract provided.


Kootenai Tribe Of Idaho V. Veneman: The Roadless Rule: Dead End Or Never Ending Road, Kristine Meindl Jan 2003

Kootenai Tribe Of Idaho V. Veneman: The Roadless Rule: Dead End Or Never Ending Road, Kristine Meindl

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Nema V. Sorrell: It's Lights Out For The National Electrical Manufacturers Association - A Look At Nema's Failed Commerce Clause Challenge, Joshua B. Ryan Jan 2003

Nema V. Sorrell: It's Lights Out For The National Electrical Manufacturers Association - A Look At Nema's Failed Commerce Clause Challenge, Joshua B. Ryan

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Seeing Red: Gibbs V. Babbitt, Edward A. Fitzgerald Jan 2002

Seeing Red: Gibbs V. Babbitt, Edward A. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Federal Regulation Of Isolated Wetlands: To Be Or Not To Be, Talene Nicole Mergerian Jan 2002

Federal Regulation Of Isolated Wetlands: To Be Or Not To Be, Talene Nicole Mergerian

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Do Creatures Of The State Have Constitutional Rights: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael A. Lawrence Jan 2002

Do Creatures Of The State Have Constitutional Rights: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael A. Lawrence

Villanova Law Review (1956 - )

No abstract provided.


Applying The Good News Club Decision In A Manner That Maintains The Separation Of Church And State In Our Schools, James L. Underwood Jan 2002

Applying The Good News Club Decision In A Manner That Maintains The Separation Of Church And State In Our Schools, James L. Underwood

Villanova Law Review (1956 - )

No abstract provided.


Drug Exceptionalism, Erik Luna Jan 2002

Drug Exceptionalism, Erik Luna

Villanova Law Review (1956 - )

No abstract provided.


The Show Must Go On As Academic Freedom Saves The Day: But Where Does Academic Freedom End And The Establishment Clause Begin And Has The Seventh Circuit Restricted The Limited Public Forum In Linnemeir V. Board Of Trustees Of Purdue University, Drew Whelan Jan 2002

The Show Must Go On As Academic Freedom Saves The Day: But Where Does Academic Freedom End And The Establishment Clause Begin And Has The Seventh Circuit Restricted The Limited Public Forum In Linnemeir V. Board Of Trustees Of Purdue University, Drew Whelan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Waste Management Holdings V. Gilmore: The Anything But Dormant Problem Of Interstate Waste, Mia Korot Jan 2002

Waste Management Holdings V. Gilmore: The Anything But Dormant Problem Of Interstate Waste, Mia Korot

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Distinctive Place Of Religious Entities In Our Constitutional Order, Ira C. Lupu, Robert Tuttle Jan 2002

The Distinctive Place Of Religious Entities In Our Constitutional Order, Ira C. Lupu, Robert Tuttle

Villanova Law Review (1956 - )

No abstract provided.


The Third Circuit's Approach To The Private Enforcement Of Administrative Agency Regulations Under Section 1983, Lisa M. Lamb Jan 2002

The Third Circuit's Approach To The Private Enforcement Of Administrative Agency Regulations Under Section 1983, Lisa M. Lamb

Villanova Law Review (1956 - )

No abstract provided.


Unclearly Establishing Qualified Immunity: What Sources Of Authority May Be Used To Determine Whether The Law Is Clearly Established In The Third Circuit, Jonathan M. Stemerman Jan 2002

Unclearly Establishing Qualified Immunity: What Sources Of Authority May Be Used To Determine Whether The Law Is Clearly Established In The Third Circuit, Jonathan M. Stemerman

Villanova Law Review (1956 - )

No abstract provided.


Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart Jan 2001

Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart

Villanova Law Review (1956 - )

No abstract provided.


W(H)Ither Zschernig, Carlos Manuel Vazquez Jan 2001

W(H)Ither Zschernig, Carlos Manuel Vazquez

Villanova Law Review (1956 - )

No abstract provided.


Potential Responsibility Under Cercla: Canadyne-Georgia Corp. V. Nationsbank, N.A. (South) - An Illustration Of Why We Need A Common Federal Rule Defining Owned And Operated, Timothy Holly Jan 2001

Potential Responsibility Under Cercla: Canadyne-Georgia Corp. V. Nationsbank, N.A. (South) - An Illustration Of Why We Need A Common Federal Rule Defining Owned And Operated, Timothy Holly

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Tale Of Two Curfews (And One City): What Do Two Washington, D.C. Juvenile Curfews Say About The Constitutional Interpretations Of District Of Columbia Courts And The Confusion Over Juvenile Curfews Everywhere, Adam W. Poff Jan 2001

A Tale Of Two Curfews (And One City): What Do Two Washington, D.C. Juvenile Curfews Say About The Constitutional Interpretations Of District Of Columbia Courts And The Confusion Over Juvenile Curfews Everywhere, Adam W. Poff

Villanova Law Review (1956 - )

No abstract provided.


Toward A Consensus On Religious Images In Civic Seals Under The Establishment Clause: American Civil Liberties Union V. City Of Stow, Kevin J. Mccabe Jan 2001

Toward A Consensus On Religious Images In Civic Seals Under The Establishment Clause: American Civil Liberties Union V. City Of Stow, Kevin J. Mccabe

Villanova Law Review (1956 - )

No abstract provided.


The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano Jan 2001

The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano

Villanova Law Review (1956 - )

No abstract provided.


Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz Jan 2001

Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz

Villanova Law Review (1956 - )

No abstract provided.


Crosby And The One-Voice Myth In U.S. Foreign Relations, Sarah H. Cleveland Jan 2001

Crosby And The One-Voice Myth In U.S. Foreign Relations, Sarah H. Cleveland

Villanova Law Review (1956 - )

No abstract provided.


Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur Jan 2001

Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur

Villanova Law Review (1956 - )

No abstract provided.


The Fourth Amendment And New Technologies: The Constitutionality Of Thermal Imaging, Jeffrey P. Campisi Jan 2001

The Fourth Amendment And New Technologies: The Constitutionality Of Thermal Imaging, Jeffrey P. Campisi

Villanova Law Review (1956 - )

No abstract provided.


Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo Jan 2001

Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo

Villanova Law Review (1956 - )

No abstract provided.


Women Do Not Report The Violence They Suffer: Violence Against Women And The State Action Doctrine, Michelle J. Anderson Jan 2001

Women Do Not Report The Violence They Suffer: Violence Against Women And The State Action Doctrine, Michelle J. Anderson

Villanova Law Review (1956 - )

No abstract provided.


Putting The Safeguards Back Into The Political Safeguards Of Federalism, Lynn A. Baker Jan 2001

Putting The Safeguards Back Into The Political Safeguards Of Federalism, Lynn A. Baker

Villanova Law Review (1956 - )

No abstract provided.