Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 91 - 120 of 147

Full-Text Articles in First Amendment

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady Dec 2004

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

BYU Law Review

No abstract provided.


"Omalous" Autonomy, Perry Dane Dec 2004

"Omalous" Autonomy, Perry Dane

BYU Law Review

No abstract provided.


Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler Dec 2004

Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler

BYU Law Review

No abstract provided.


Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko Dec 2004

Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko

BYU Law Review

No abstract provided.


Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall Dec 2004

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

BYU Law Review

No abstract provided.


An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston Dec 2004

An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston

BYU Law Review

No abstract provided.


Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle Dec 2004

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.


Introduction, Kevin J. Worthen Nov 2004

Introduction, Kevin J. Worthen

BYU Law Review

No abstract provided.


Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton Nov 2004

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

BYU Law Review

No abstract provided.


The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg Nov 2004

The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg

BYU Law Review

No abstract provided.


More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey Nov 2004

More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey

BYU Law Review

No abstract provided.


Introduction, Brett G. Scharffs Sep 2004

Introduction, Brett G. Scharffs

BYU Law Review

No abstract provided.


The Establishment Clause Gag Reflex, Frederick Mark Gedicks Sep 2004

The Establishment Clause Gag Reflex, Frederick Mark Gedicks

BYU Law Review

Some outcomes of Establishment Clause cases are better defended on realist rather than doctrinal grounds - that is, not on the basis of supposedly neutral principles, but by reference to some assessment of the kinds of church-state interactions that most Americans would tolerate. I call this the Establishment Clause gag reflex.

A constitutional gag reflex refers to the instinctive intellectual revulsion one might feel in response to the doctrine or holding of a case. For example, a contemporary judicial decision countenancing permanent denial of citizenship to racial minorities, or that denied to such minorities liberty or equality rights enjoyed by …


Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey Sep 2004

Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey

BYU Law Review

No abstract provided.


The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch Sep 2004

The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch

BYU Law Review

No abstract provided.


The Menace Of Neutrality In Religion, Gabriel A. Moens May 2004

The Menace Of Neutrality In Religion, Gabriel A. Moens

BYU Law Review

No abstract provided.


James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith Sep 2003

James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith

BYU Law Review

No abstract provided.


Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter Nov 2002

Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter

BYU Law Review

No abstract provided.


Abridging The Freedom Of Non-English Speech: English-Only Legislation And The Free Speech Rights Of Government Employees, Margaret Robertson Nov 2001

Abridging The Freedom Of Non-English Speech: English-Only Legislation And The Free Speech Rights Of Government Employees, Margaret Robertson

BYU Law Review

No abstract provided.


The Framers' Establishment Clause: How High The Wall?, J. Clifford Wallace May 2001

The Framers' Establishment Clause: How High The Wall?, J. Clifford Wallace

BYU Law Review

No abstract provided.


Jones V. Clinton: A Study In Politically Motivated Suits, Rule 1 1, And The First Amendment, Carol Rice Andrews Mar 2001

Jones V. Clinton: A Study In Politically Motivated Suits, Rule 1 1, And The First Amendment, Carol Rice Andrews

BYU Law Review

No abstract provided.


Counterspeech 2000: A New Look At The Old Remedy For "Bad" Speech, Robert D. Richards, Clay Calvert May 2000

Counterspeech 2000: A New Look At The Old Remedy For "Bad" Speech, Robert D. Richards, Clay Calvert

BYU Law Review

No abstract provided.


Bernstein V. United States Depament Of Justice: A Cryptic Interpretation Of Speech, Seth Hanson May 2000

Bernstein V. United States Depament Of Justice: A Cryptic Interpretation Of Speech, Seth Hanson

BYU Law Review

No abstract provided.


The Believer's First Amendment (Review Of Separating Church And State, By Timothy L. Hall), Marcus Mumford Sep 1999

The Believer's First Amendment (Review Of Separating Church And State, By Timothy L. Hall), Marcus Mumford

BYU Law Review

No abstract provided.


Deconstructing Deconstruction (Review Of The Rhetoric Of Church And State, By Frederick Mark Gedicks), D. Heath Bailey Sep 1999

Deconstructing Deconstruction (Review Of The Rhetoric Of Church And State, By Frederick Mark Gedicks), D. Heath Bailey

BYU Law Review

No abstract provided.


Using The Religion Clauses To Secure Religious Liberty (Review Of Securing Religious Liberty, By Jesse Choper), Jared Goff Sep 1999

Using The Religion Clauses To Secure Religious Liberty (Review Of Securing Religious Liberty, By Jesse Choper), Jared Goff

BYU Law Review

No abstract provided.


The Developmental Progress Of Free Exercise (Review Of The Lustre Of Our Country, By John T. Noonan, Jr.), Charlene Davis Luke Sep 1999

The Developmental Progress Of Free Exercise (Review Of The Lustre Of Our Country, By John T. Noonan, Jr.), Charlene Davis Luke

BYU Law Review

No abstract provided.


The First Amendment: Saving Us From Ourselves (Review Of No Liberty For License, By David Lowenthal), Cory A. Talbot Sep 1999

The First Amendment: Saving Us From Ourselves (Review Of No Liberty For License, By David Lowenthal), Cory A. Talbot

BYU Law Review

No abstract provided.


Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald May 1997

Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald

BYU Law Review

No abstract provided.


Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens Nov 1996

Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens

BYU Law Review

No abstract provided.