All Employers Must Wash Their Speech Before Returning To Work: The First Amendment & Compelled Use Of Employees’ Preferred Gender Pronouns,
2017
William & Mary Law School
All Employers Must Wash Their Speech Before Returning To Work: The First Amendment & Compelled Use Of Employees’ Preferred Gender Pronouns, Tyler Sherman
William & Mary Bill of Rights Journal
No abstract provided.
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017,
2017
Roger Williams University School of Law
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Life of the Law School (1993- )
No abstract provided.
Finding Freedom For The Thoughts We Hate,
2017
University of New Hampshire School of Law
Finding Freedom For The Thoughts We Hate, John M. Greabe
Law Faculty Scholarship
In his dissenting opinion in United States v. Schwimmer (1929), Supreme Court Justice Oliver Wendell Holmes, Jr., famously defended tolerance as an indispensable constitutional value. He wrote: “[I]f there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought – not free thought for those who agree with us but freedom for the thought that we hate.”
Yet accepting that the Constitution protects the thought that we hate can be difficult, even during the best of times. And these are far from the best of times. Nuclear brinksmanship …
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017,
2017
Roger Williams University School of Law
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Law School Blogs
No abstract provided.
The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?,
2017
St. John's University School of Law
The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell
The Catholic Lawyer
No abstract provided.
Gay Rights Coalition V. Georgetown University: Failure To Recognize A Catholic University's Religious Liberty,
2017
St. John's University School of Law
Gay Rights Coalition V. Georgetown University: Failure To Recognize A Catholic University's Religious Liberty, Paul E. O'Connell
The Catholic Lawyer
No abstract provided.
God's Green Earth? The Environmental Impacts Of Religious Land Use,
2017
University of Maine School of Law
God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale
Maine Law Review
Boulder County, Colorado has been at the forefront of the environmental movement for decades. Starting with its citizens’ vote in 1967 to implement a tax specifically to preserve open space, the city has long been known for its progressive environmental policies. At the center of Boulder’s environmental protection efforts is a comprehensive system of land use regulations designed to mitigate the slow chokehold of ever-encroaching development on wetlands and open space, on groundwater and soils, and on wildlife and native species. Numerous communities across the country have followed Boulder’s much-praised model and enacted their own environmental zoning laws to protect …
Hate Speech In The Schools: A Potential Change In Direction,
2017
University of Maine School of Law
Hate Speech In The Schools: A Potential Change In Direction, Kevin W. Saunders
Maine Law Review
The law regarding free expression and students in the public schools has long been somewhat confused. An early Supreme Court vindication of student speech rights has eroded over the years. Yet, it is perhaps unclear how great the erosion has been and how much of the original recognition still stands. This has left the lower courts rather unwilling to protect school students from hate speech, at least in cases where there has not been a history of such speech leading to disruption or even violence. Only recently has there been some sign of change in that regard, with a few …
Zoning And The Location Of Religious Establishments,
2017
St. John's University School of Law
Zoning And The Location Of Religious Establishments, Kenneth Pearlman
The Catholic Lawyer
No abstract provided.
Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States,
2017
University of Padua, Italy
Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin
Notre Dame Law Review Reflection
Part I of this short Article explains the relevance of the Micropole and Achbita decisions; Part II explores the common line of reasoning behind them; and, finally, the conclusion analyzes their impact within the European scenario of religious freedom—especially for Muslims—and contrasts them with the United States’ approach to the topic.
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed,
2017
Penn State Dickinson Law
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Dickinson Law Review (2017-Present)
No abstract provided.
A Less Corrupt Term: 2016–2017 Supreme Court Roundup,
2017
St. John's University School of Law
A Less Corrupt Term: 2016–2017 Supreme Court Roundup, Marc O. Degirolami, Kevin C. Walsh
Faculty Publications
(Excerpt)
In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions.
Even so, the Court was hardly immune to the steady transformation of our governing institutions into reality TV shows. Over the weekend leading into the final day of the term, speculation ignited from who-knows-where about the possible departure of its main character, Justice Anthony Kennedy. To us, the chatter seemed forced—as if the viewing public needed something to fill the vacuum left …
Jailing The Twitter Bird: Social Media, Material Support To Terrorism, And Muzzling The Modern Press,
2017
Southwestern Law School
Jailing The Twitter Bird: Social Media, Material Support To Terrorism, And Muzzling The Modern Press, Rachel E. Vanlandingham
Cardozo Law Review
Social media companies such as Facebook and Twitter are vulnerable to federal criminal prosecution under 18 U.S.C. § 2339B, the material support to terrorism statute, for providing a means for terrorists and their sympathizers to glorify and pursue their violence on social media. This Article exposes that vulnerability as well as the material support statute's conflicts with the First and Fifth Amendments in this context, such as the statute's chilling effect. In particular, the Article explores how social media providers have responded to threats from the U.S. government by suspending hundreds of thousands of user accounts, effectively censoring constitutionally protected …
Human Torts,
2017
New England Law, Boston
Human Torts, Lisa J. Laplante
Cardozo Law Review
Human Torts is the first article to describe how ordinary municipal tort lawsuits in the United States provide essential remedies for human rights abuses. Despite the rising level of hate crimes, bullying, corporate malfeasance, and other private acts that result in great harm and can lead to civil litigation, American scholars have never explored how everyday tort claims grounded in purely domestic common law doctrine between private, non-state actors are in fact human rights claims even if never pleaded as such in U.S. courts. Framing tort litigation as a form of human rights protection may appear to be a novel …
Dark Arts And Other Wicked Ideas: Harry Potter, Banned Books And Intellectual Freedom,
2017
Eastern Illinois University
Dark Arts And Other Wicked Ideas: Harry Potter, Banned Books And Intellectual Freedom, Michele Mcdaniel, Ryan Mcdaniel
Twenty Years of Harry Potter: Celebrating a Phenomenon
Come explore intellectual freedom during Banned Books Week (Sept. 24-30) with this enchanted perspective inspired by Harry Potter.
Identifying certain ideas as dangerous - and therefore banned or otherwise restricted - is a perennial phenomenon, manifesting throughout every time and culture. When reading the Harry Potter series, one encounters the Restricted Section in the Hogwarts Library, where the reader is informed that books about the Dark Arts and how to defend oneself against them are found. However, only those sufficiently matured and prepared may read the restricted materials, and then only under the close supervision and guidance of a wiser …
Sidewalk Counseling: A First Amendment Right,
2017
St. John's University School of Law
Sidewalk Counseling: A First Amendment Right, Thomas Patrick Monaghan
The Catholic Lawyer
No abstract provided.
Censorship On The Internet: Who Should Make The Rules,
2017
University of Oklahoma College of Law
Censorship On The Internet: Who Should Make The Rules, Joe Zopolsky
Oklahoma Journal of Law and Technology
No abstract provided.
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies,
2017
University of Oklahoma College of Law
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington
Oklahoma Journal of Law and Technology
No abstract provided.
The Supreme Court And The Religion Clauses: 1982 And 1984 Terms,
2017
St. John's University School of Law
The Supreme Court And The Religion Clauses: 1982 And 1984 Terms, Donald H. J. Herman, Esquire
The Catholic Lawyer
No abstract provided.
Discovery And Use Of Church Records By Civil Authorities,
2017
St. John's University School of Law
Discovery And Use Of Church Records By Civil Authorities, David J. Young, Esquire, Steven W. Tigges, Esquire
The Catholic Lawyer
No abstract provided.
