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Articles 31 - 60 of 223
Full-Text Articles in First Amendment
Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
Read on Issuu
It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool
It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool
BYU Law Review
No abstract provided.
Invasion Of The Content-Neutrality Rule, William D. Araiza
Invasion Of The Content-Neutrality Rule, William D. Araiza
BYU Law Review
No abstract provided.
School To Students: Post That, And You Won't Play, Ashley Waddoups
School To Students: Post That, And You Won't Play, Ashley Waddoups
BYU Law Review
No abstract provided.
Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Of Rights and Responsibilities: The Social Ecosystem of Religious Freedom
- I am the Woman Who Can
- Flashes of Light: Thoughts on Circumstantial Evidence
- Capital Markets and Human Flourishing
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Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside Iii
Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside Iii
Brigham Young University Journal of Public Law
No abstract provided.
Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor
Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor
BYU Law Review
No abstract provided.
Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- In Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity
- Choose to Trust the Lord
- First Amendment Harms
- "To Do Justly, and to Love Mercy"
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Native American Religious Freedom As A Collective Right, Michael D. Mcnally
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
BYU Law Review
No abstract provided.
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
BYU Law Review
No abstract provided.
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
BYU Law Review
No abstract provided.
A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim
A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim
Brigham Young University Journal of Public Law
No abstract provided.
Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Brigham Young University Education and Law Journal
No abstract provided.
Clark Memorandum: Fall 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Heroes of Unity: Latter-day Saints, the "Bonds of Affection," and the Atonement of Christ (Thomas B. Griffith)
- Defend Divinely Inspired Freedoms (Elder Quentin L. Cook)
- Homicides in the Old Testament and the Book of Mormon (John w. Welch)
- How to Enjoy the Ride: Choosing to Love in Life and Career (Sharla Smith Hales)
The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang
The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang
BYU Law Review
Originalism is the theory of constitutional interpretation that identifies the constitutional text’s public meaning when it was ratified as its authoritative meaning. Corpus linguistics is the study of word-use regularities and patterns, primarily in written texts. In a prior article, I argued that originalists should utilize corpus linguistics to facilitate originalism’s capacity to accurately uncover this original meaning. However, my arguments there were theoretical; this Essay provides a “test case” of corpus linguistics’ capacity to increase originalism’s methodological accuracy. This Essay accomplishes three modest goals. First, it provides a practical example of the application of corpus linguistics to originalism. This …
Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder
Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder
Brigham Young University Education and Law Journal
No abstract provided.
Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School
Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School
The Clark Memorandum
- A Graduate Program of Real Consequence (Kevin J Worthen)
- Promoting Religious Freedom in a Secular Age (Elder Lance B. Wickman)
- Religious Liberty Versus Secularity (Matthew S. Holland)
- Audacious Faith (Brett G. Scharffs)
Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt
Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt
BYU Law Review
No abstract provided.
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
BYU Law Review
The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …
Human Rights, Religious Freedom, And Peace, David Little
Human Rights, Religious Freedom, And Peace, David Little
BYU Law Review
No abstract provided.
When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales, Michael Quinlan
BYU Law Review
No abstract provided.
Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo
Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo
Brigham Young University Education and Law Journal
No abstract provided.
Upping The Ante: Rethinking Anti-Slapp Laws In The Age Of The Internet, Andrew L. Roth
Upping The Ante: Rethinking Anti-Slapp Laws In The Age Of The Internet, Andrew L. Roth
BYU Law Review
No abstract provided.
Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts And The Free Speech Rights They Protect, Brandon Harvard Riches
Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts And The Free Speech Rights They Protect, Brandon Harvard Riches
Brigham Young University Education and Law Journal
No abstract provided.
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
BYU Law Review
The United States Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., which brought for-profit corporations under the protection of the Religious Freedom Restoration Act, has been the subject of widespread support and criticism. Some have lauded the Hobby Lobby decision as an important step in protecting religious freedom. Others have derided it as an affront to the civil rights of corporate employees. This Article suggests a third perspective, namely, that Hobby Lobby harms, rather than helps, religious freedom. Both legally and politically, Hobby Lobby is likely to lead to a reduction in protection for religious individuals and entities …
Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat
Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat
BYU Law Review
Judge Richard Posner recently asserted that the original understanding of the Free Speech Clause of the First Amendment was to prohibit “censorship”—meaning prior restraints—but not subsequent punishments. Posner was following in the footsteps of many other eminent jurists including Oliver Wendell Holmes, Jr., Joseph Story, James Wilson, and ultimately William Blackstone.
The problem is, this claim is simply wrong. Firstly, it misquotes Blackstone. Blackstone said that the liberty of the press meant only freedom from prior restraints; he never discussed speech. When one does examine the Speech Clause, it becomes quite clear that its protections cannot be limited to freedom …
Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell
Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell
Brigham Young University Education and Law Journal
No abstract provided.
Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry-Hazan
Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry-Hazan
Brigham Young University Education and Law Journal
No abstract provided.
Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo
Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo
Brigham Young University Education and Law Journal
No abstract provided.
Keynote Address, Orrin G. Hatch