The Endorsement Test Is Alive And Well: A Cause For Celebration And Sorrow,
2013
Pepperdine University
The Endorsement Test Is Alive And Well: A Cause For Celebration And Sorrow, Mark Strasser
Pepperdine Law Review
No abstract provided.
The Priority Of Law: A Response To Michael Stokes Paulsen,
2013
Pepperdine University
The Priority Of Law: A Response To Michael Stokes Paulsen, Eugene Volokh
Pepperdine Law Review
No abstract provided.
Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman,
2013
Pepperdine University
Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett
Pepperdine Law Review
This paper is a short response to an address, “And I Don’t Care What It Is: Religious Neutrality in American Law,” delivered by Prof. Andrew Koppelman at a conference, “The Competing Claims of Law and Religion: Who Should Influence Whom?”, which was held at Pepperdine University in February of 2012. In this response, it is suggested – among other things – that “American religious neutrality” is, as Koppelman argues, “coherent and attractive” because and to the extent that it is not neutral with respect to the goal and good of religious freedom. Religious freedom, in the American tradition, is not …
The Priority Of God: A Theory Of Religious Liberty,
2013
Pepperdine University
The Priority Of God: A Theory Of Religious Liberty, Michael Stokes Paulsen
Pepperdine Law Review
Professor Paulsen argues that religious freedom only makes entire sense as a constitutional arrangement on the premise that God exists, that God makes actual demands on human loyalty and conduct, and that those demands precede and are superior in obligation to those of the State. Religious freedom exists to protect the exercise of plausibly true understandings of God's actual commands, as against state power, and to disable state power to proscribe -- or prescribe -- religious exercise. The article explores four possible stances of society toward religious freedom, depending on whether society and state embrace the idea of religious truth …
Can We Please Stop Talking About Neutrality? Koppelman Between Scalia And Rawls,
2013
Pepperdine University
Can We Please Stop Talking About Neutrality? Koppelman Between Scalia And Rawls, Chad Flanders
Pepperdine Law Review
No abstract provided.
And I Don’T Care What It Is: Religious Neutrality In American Law,
2013
Pepperdine University
And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman
Pepperdine Law Review
No abstract provided.
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom? ,
2013
Pepperdine University
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom? , Robert F. Cochran Jr., Michael A. Helfand
Pepperdine Law Review
No abstract provided.
The HazelwoodIng Of The First Amendment: The Deference To Authority,
2013
University of North Carolina School of Law
The HazelwoodIng Of The First Amendment: The Deference To Authority, Erwin Chemerinsky
First Amendment Law Review
No abstract provided.
The Key Word Is Student: Hazelwood Censorship Crashes The Ivy-Covered Gates,
2013
University of North Carolina School of Law
The Key Word Is Student: Hazelwood Censorship Crashes The Ivy-Covered Gates, Frank D. Lomonte
First Amendment Law Review
No abstract provided.
Maddening Choices: The Tension Between Bullying And The First Amendment In Public Schools,
2013
University of North Carolina School of Law
Maddening Choices: The Tension Between Bullying And The First Amendment In Public Schools, Francisco M. Negron Jr.
First Amendment Law Review
No abstract provided.
University Imprimaturs On Student Speech: The Certification Cases,
2013
University of North Carolina School of Law
University Imprimaturs On Student Speech: The Certification Cases, Emily Gold Waldman
First Amendment Law Review
No abstract provided.
Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It',
2013
University of Dayton
Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo
Educational Leadership Faculty Publications
As expansive as the Supreme Court’s view of the First Amendment religion clauses has been, its jurisprudence has demonstrated that its rulings do not always achieve the outcomes desired by proponents of religious freedom.3 From the perspective of supporters of religious freedom, this realization lends credence to the preceding wry comment by Justice Scalia. This article details the Court’s inconsistent treatment of Christianity, and people of faith broadly, especially in educational settings. These inconsistent judicial outcomes run the risk of increasingly marginalizing matters of faith and conscience in the public square.4 As discussed in this article, disputes over …
Standards Of Professional Conduct As Limitations On Student Speech,
2013
University of North Carolina School of Law
Standards Of Professional Conduct As Limitations On Student Speech, R. George Wright
First Amendment Law Review
No abstract provided.
The “Law Of The First Amendment” Revisited,
2013
Wayne State University
The “Law Of The First Amendment” Revisited, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Reclaiming Hazelwood: Public School Classrooms And A Return To The Supreme Court's Vision For Viewpoint-Specific Speech Regulation Policy,
2013
University of Richmond
Reclaiming Hazelwood: Public School Classrooms And A Return To The Supreme Court's Vision For Viewpoint-Specific Speech Regulation Policy, Brad Dickens
Richmond Journal of Law and the Public Interest
Federal and circuit courts continue to fiercely debate whether the Supreme Court's 1988 ruling in Hazelwood v. Kuhineier requires school policies regulating student speech and expression to be viewpoint neutral. However, this note suggests that the language of Hazelwood itself shows that the Circuit debate may be misguided. The Supreme Court intended Hazelwood to stand as a narrow exception to its earlier holding in Tinker, and Hazelwood only applies in instances where the government's own voice is implicated, largely in a public context. When the school, and in effect the government, is speaking with its own voice, the school must …
Justice Kennedy’S Free Speech Jurisprudence: A
Quantitative And Qualitative Analysis,
2013
UC Davis School of Law
Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar
McGeorge Law Review
No abstract provided.
In The Turbulent Wake Of Anderson V. Bell: Protecting Core Political Speech And Utahn's Right To Initiative,
2013
SJ Quinney College of Law, University of Utah
In The Turbulent Wake Of Anderson V. Bell: Protecting Core Political Speech And Utahn's Right To Initiative, Daniel W. Boyer
Utah OnLaw: The Utah Law Review Online Supplement
Since the court in Anderson already affirmed the validity of electronic signatures in Title 20 through statutory rules of construction and common law principles, it will likely have to address the constitutional challenges it declined to reach in that case when it is visited with new challenges to the State’s ban on e-signatures in ballot petitions and initiatives. This Note offers an alternative to the uniform operation of laws analysis, which plaintiffs have recently employed against the Lieutenant Governor and S.B. 165. Free speech analysis supplies parameters that are more closely suited to address the type of constitutional wrong that …
Justice Kennedy’S Jurisprudence On The First Amendment
Religion Clauses,
2013
South Texas College of Law
Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso
McGeorge Law Review
No abstract provided.
What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor And The Unbridled Power Of The Ministerial Exemption,
2013
Barry University
What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor And The Unbridled Power Of The Ministerial Exemption, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
Tweet Tweet: A First Amendment Wake Up Call Regarding Social Media In The Sports Arena, 30 J. Marshall J. Info. Tech. & Privacy L. 117 (2013),
2013
UIC School of Law
Tweet Tweet: A First Amendment Wake Up Call Regarding Social Media In The Sports Arena, 30 J. Marshall J. Info. Tech. & Privacy L. 117 (2013), Samantha Levin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
