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First Amendment

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Articles 121 - 149 of 149

Full-Text Articles in Courts

"Land Is Itself A Sacred, Living Being": Native American Sacred Site Protection On Federal Public Lands Amidst The Shadows Of Bear Lodge, Joel Brady Jan 1999

"Land Is Itself A Sacred, Living Being": Native American Sacred Site Protection On Federal Public Lands Amidst The Shadows Of Bear Lodge, Joel Brady

American Indian Law Review

No abstract provided.


Brief Of National Jewish Commission On Law And Public Affairs ("Colpa"), Agudath Harabonim Of The United States And Canada, Agudath Israel Of America, Union Of Orthodox Jewish Congregations Of America ("U.O.J.C.A."), National Council Of Young Israel, Rabbinical Alliance Of America, Rabbinical Council Of America, And Torah Umesorah -- National Society Of Hebrew Day Schools, As Amici Curiae In Support Of Plaintiffs-Appellants, David G. Webbert, Nathan Lewin, Richard W. Garnett, Dennis Rapps Aug 1998

Brief Of National Jewish Commission On Law And Public Affairs ("Colpa"), Agudath Harabonim Of The United States And Canada, Agudath Israel Of America, Union Of Orthodox Jewish Congregations Of America ("U.O.J.C.A."), National Council Of Young Israel, Rabbinical Alliance Of America, Rabbinical Council Of America, And Torah Umesorah -- National Society Of Hebrew Day Schools, As Amici Curiae In Support Of Plaintiffs-Appellants, David G. Webbert, Nathan Lewin, Richard W. Garnett, Dennis Rapps

Court Briefs

No. CUM 98-281
Robert Bagley v. Raymond School Department

On Appeal from the Cumberland County Superior Court

From the Argument

This is a straightforward case. Under Maine law, parents who live in cities and towns without government-run public schools may send their children to private schools at public expense. The plaintiffs are parents who live in such a town and who desire to send their children to Cheverus High School, a well respected Catholic school in Portland, Maine. The defendants refuse to pay for the plaintiffs' children's education for one reason and one reason only: Cheverus is a religious school. …


Brief Of Chabad Of Pittsburgh As Amicus Curiae In Support Of Defendant-Appellants, Nathan Lewin, Richard W. Garnett, Charles H. Saul Apr 1998

Brief Of Chabad Of Pittsburgh As Amicus Curiae In Support Of Defendant-Appellants, Nathan Lewin, Richard W. Garnett, Charles H. Saul

Court Briefs

No. 98-5021
American Civil Liberties Union of New Jersey v. Bret Schundler

On Appeal from the United States District Court for the District of New Jersey

From the Introduction

Jersey City's Holiday Display, through which the City was "pleased to celebrate the diverse cultural and ethnic heritage of its people" (Op. at 4), was entirely consistent with First Amendment "first principles." The previous decisions in this case, which demonstrate a palpable suspicion and distrust toward religious symbols and which reflect the mistaken assumption that the Constitution mandates a "naked public square," purged entirely of religious content and influence, are not.


Brief Of National Jewish Commission On Law And Public Affairs ("Colpa"), Agudath Harabonim Of The United States And Canada, National Council Of Young Israel, Rabbinical Alliance Of America, Rabbinical Council Of America, Torah Umesorah -- National Society Of Hebrew Day Schools, Agudath Israel Of America, And Union Of Orthodox Jewish Congregations Of America ("U.O.J.C.A.") As Amici Curiae In Support Of Defendants-Appellees, Nathan Lewin, Richard W. Garnett, Dennis Rapps Dec 1997

Brief Of National Jewish Commission On Law And Public Affairs ("Colpa"), Agudath Harabonim Of The United States And Canada, National Council Of Young Israel, Rabbinical Alliance Of America, Rabbinical Council Of America, Torah Umesorah -- National Society Of Hebrew Day Schools, Agudath Israel Of America, And Union Of Orthodox Jewish Congregations Of America ("U.O.J.C.A.") As Amici Curiae In Support Of Defendants-Appellees, Nathan Lewin, Richard W. Garnett, Dennis Rapps

Court Briefs

No. 97-1117
Doris Simmons-Harris v. John M. Goff, Sue Gatton v. John M. Goff

On Appeal from the Court of Common Pleas for Franklin County

From the Argument

In United States v. Lopez, 514 U.S. 549, 552 (1995), the United States Supreme Court reminded us to "start with first principles." Accordingly, the Court reaffirmed just last summer in Agostini that it is a fundamental "first principle" of constitutional law that the First Amendment's Religion Clauses require government neutrality -- not hostility, fear, or suspicion -- towards religion. See 117 S.Ct. at 2014. Ohio's Pilot Program, which increases individual freedom …


Cross-Examination Jan 1996

Cross-Examination

Touro Law Review

No abstract provided.


Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly Jan 1996

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly

Touro Law Review

No abstract provided.


Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton Oct 1995

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

All Faculty Scholarship

This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …


The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer Jan 1995

The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer

Touro Law Review

No abstract provided.


New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas Jan 1995

New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1995

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1995

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1995

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


The Partial Republican, John O. Mcginnis Jul 1994

The Partial Republican, John O. Mcginnis

Articles

No abstract provided.


The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman Apr 1993

The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman

Indiana Law Journal

No abstract provided.


Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr. Jan 1992

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull Jan 1992

Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull

University of Richmond Law Review

Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor the interests of traditional values organizations like the American Family Association. The next decade will surely see the Court return to a more balanced approach in line with the preservation of family values. Certainly some will characterize the new Court as more conservative. To the extent that it will emphasize core principles in the Constitution as the bedrock from which it must proceed, it will be conservative. Yet this is simply a return of the Court to its intended function: interpretation and application of law …


On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel M. Gora Jan 1992

On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel M. Gora

Touro Law Review

No abstract provided.


First Amendment, Burt Neuborne Jan 1989

First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.


A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle Jan 1986

A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly Jan 1986

The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly

Touro Law Review

No abstract provided.


An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.


Cable Television Monopoly And The First Amendment, Jordan S. Stanzler Jan 1983

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.


The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus Apr 1982

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Indiana Law Journal

No abstract provided.


Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher Jan 1981

Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Eulogy For Murray I. Gurfein, Irving R. Kaufman Jan 1980

Eulogy For Murray I. Gurfein, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


Bellis V. United States, Lewis F. Powell Jr. Oct 1973

Bellis V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen Apr 1951

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Vanderbilt Law Review

We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …