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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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
Villanova Law Review (1956 - )
No abstract provided.
W(H)Ither Zschernig, Carlos Manuel Vazquez
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
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
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
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
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
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
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
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
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
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
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
Putting The Safeguards Back Into The Political Safeguards Of Federalism, Lynn A. Baker
Villanova Law Review (1956 - )
No abstract provided.