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Articles 451 - 480 of 539
Full-Text Articles in First Amendment
Brief Amici Curiae Of Christian Legal Society And The National Association Of Evangelicals In Support Of Respondent, Kimberlee Wood Colby, Gregory S. Baylor, Carl H. Esbeck, Richard W. Garnett, Michael Stokes Paulsen
Brief Amici Curiae Of Christian Legal Society And The National Association Of Evangelicals In Support Of Respondent, Kimberlee Wood Colby, Gregory S. Baylor, Carl H. Esbeck, Richard W. Garnett, Michael Stokes Paulsen
Court Briefs
No. 99-138
Jenifer and Gary Troxel v. Tommie Granville
From the Summary of the Argument
Our argument that the decision below should be affirmed rests on a few basic points, none of which necessarily prejudices the case for a grandparent-visitation statute that is narrowly tailored to serve a compelling state interest. First, the statutes at issue are not grandparent-visitation statutes. Even if they were, the Petitioners and their amici have not pointed to any other visitation statutes that share the objectionable and unconstitutional features of Washington's particular statutes.
Petitioners' Reply Brief, William H. Meub, Orland Campbell Jr., Richard W. Garnett, Michael Stokes Paulsen
Petitioners' Reply Brief, William H. Meub, Orland Campbell Jr., Richard W. Garnett, Michael Stokes Paulsen
Court Briefs
No. 99-628
Cynthia Andrews v. Vermont Department of Education
On Petition For A Writ Of Certiorari To The Vermont Supreme Court
From the Petitioners' Reply Brief
The question presented in this case is whether the First Amendment allows government to discriminate on the basis of religion in funding school-choice education programs that include private schools. In the Petition, we showed (1) that this issue is nationally important; (2) that this issue is recurrent; and (3) that this issue has generated extraordinary and pervasive conflicts among lower and federal state courts, and between decisions of lower courts and this Court.
Petition For A Writ Of Certiorari, William H. Meub, Orland Campbell Jr., Richard W. Garnett, Michael Stokes Paulsen
Petition For A Writ Of Certiorari, William H. Meub, Orland Campbell Jr., Richard W. Garnett, Michael Stokes Paulsen
Court Briefs
No. 99-628
Cynthia and Douglas Andrews v. Chittenden Town School District
On Petition For A Writ Of Certiorari To The Vermont Supreme Court
From the Reasons for Granting the Writ
This is a case about discrimination - discrimination against "religious ideas, religious people, [and] religious schools." Board of Educ. of Kiryas Joel v. Grumet, 512 U.S. 687, 717 (1994) (O'Connor, J., concurring in part and concurring in the judgment). Vermont provides an immensely valuable benefit - tuition - to eligible residents and their high-school-age children. Petitioners have been denied this educational benefit solely because they have chosen a religious …
Television In The Courtroom: Mightier Than The Pen?, Richard P. Matsch
Television In The Courtroom: Mightier Than The Pen?, Richard P. Matsch
Michigan Law Review
In his Introduction, author Ronald L. Goldfarb explains that his purpose is to address all the arguments advanced against televised trials, cover the points made by proponents of televised trials, and find a sensible solution to what he believes is the fundamental issue: "How can we best blend new media technologies with our traditional and revered commitment to democracy and justice?" (p. xxiv). He ends the book with this prospective paragraph: "I expect that all the courtrooms of the future - state and federal, trial and appellate - will be equipped with cameras. I suggest that all trials should be …
The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould
The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould
Michigan Journal of Gender & Law
On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the Equal …
"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 On Appeal Of Defendant-Appellant The Board Of Education Of The Kiryas Joel Union Free School District, George Shebitz, Julia R. Cohen, Nahal Motamed, Nathan Lewin, Richard W. Garnett, Anthony J. Bellia Jr.
Brief On Appeal Of Defendant-Appellant The Board Of Education Of The Kiryas Joel Union Free School District, George Shebitz, Julia R. Cohen, Nahal Motamed, Nathan Lewin, Richard W. Garnett, Anthony J. Bellia Jr.
Court Briefs
No. 81319
Louis Grumet v. George Pataki
From the Introduction
Chapter 390 is tainted only by its history. On its face, it is a neutral law that raises no serious constitutional doubt. Its objective, as described by the Appellate Division -- "to create a constitutionally valid educational program which meets the special education needs of the disabled students residing in the Village of Kiryas Joel, Orange County" -- is unquestionably legitimate. All the statutory criteria it specifies were ratified by this Court in its Kiryas Joel II opinion as "related to legitimate educational concerns." 90 N.Y. 2d at 72. What …
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Michigan Law Review
The Bill of Rights, by means of open-ended terms such as "freedom of speech," "equal protection," or "due process," refers to moral criteria, which take on constitutional status by virtue of being thus referenced. We can disagree about whether the proper methodology for judicial application of these criteria is originalist or nonoriginalist. The originalist looks, not to the true content of the moral criteria named by the Constitution, but to the framers' beliefs about that content; the nonoriginalist tries to determine what the criteria truly require, and ignores or gives less weight to the framers' views. Bracketing this disagreement, however, …
Of Communists And Anti-Abortion Protestors: The Consequences Of Falling Into The Theoretical Abyss, Christina E. Wells
Of Communists And Anti-Abortion Protestors: The Consequences Of Falling Into The Theoretical Abyss, Christina E. Wells
Faculty Publications
Part I of this article briefly reviews the legal and social context of Dennis and Yates. Parts II and III similarly review Madsen and Schenck in order to show potential parallels to the earlier communist decisions. Part IV further examines both Madsen and Schenck, demonstrating that, from a doctrinal standpoint, they are far removed from the earlier communist cases. Finally, Part V explains how the Court in Madsen and Schenck actually contributed to misconceptions or manipulation of its opinions. Specifically, Part V examines the Madsen and Schenck Courts' approaches to three of the more difficult doctrinal issues facing them--prior restraint, …
Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton
Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton
All Faculty Scholarship
This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.
The Dagenais decision demonstrates the continued independence …
Recent Developments In American Indian Law
Recent Developments In American Indian Law
American Indian 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
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.
Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe
Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick
Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case O'Hare v. City of Northlake, 518 U.S. 712 (1996). The author expected the Court to analyze whether political patronage infringes on First Amendment rights.
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 …
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
Touro Law Review
No abstract provided.
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.
Eye On Justice, Roger J. Miner '56
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.