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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
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
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
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
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 …
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
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
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
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
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
Touro Law Review
No abstract provided.
The Partial Republican, John O. Mcginnis
The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman
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.
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
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
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
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
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
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
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
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
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
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
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
Eulogy For Murray I. Gurfein, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
Bellis V. United States, Lewis F. Powell Jr.
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
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 …