Natural Selection, Irreducible Complexity, And The Bacterial Flagellum: A Contrarian Approach To The Intelligent Design Debate ,
2012
Pepperdine University
Natural Selection, Irreducible Complexity, And The Bacterial Flagellum: A Contrarian Approach To The Intelligent Design Debate , David Crump
Pepperdine Law Review
No abstract provided.
(Government) Speech Spaces,
2012
William & Mary Law School
Architectural Trusteeship,
2012
William & Mary Law School
Speech And Spatiality,
2012
William & Mary Law School
What Counts As "Speech" In The First Place?: Determining The Scope Of The Free Speech Clause,
2012
Pepperdine University
What Counts As "Speech" In The First Place?: Determining The Scope Of The Free Speech Clause, R. George Wright
Pepperdine Law Review
No abstract provided.
Reconciling Religious Free Exercise And National Security: Triumph Of The Ultimate Compelling Governmental Interest,
2012
William & Mary Law School
Reconciling Religious Free Exercise And National Security: Triumph Of The Ultimate Compelling Governmental Interest, Gregory P. Proseus
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The New Victims Of The Old Anti-Catholicism,
2012
Wayne State University
The New Victims Of The Old Anti-Catholicism, Christopher C. Lund
Law Faculty Research Publications
Santayana once said that those who cannot remember the past are condemned to repeat it, the implication being that we can avoid future mistakes by paying better attention to past ones. Perhaps this is so. Or perhaps it is as George Bernard Shaw once said-that we learn from history only that we learn nothing from history. Yet one thing is surely clear. To the extent that modern injustices have identifiable historical antecedents, we rightly stand doubly condemned for them.
This Essay looks at four modern church-state cases which span the First Amendment spectrum. The plaintiffs are religiously diverse-one is a …
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship,
2012
Florida Coastal School of Law
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin
University of Michigan Journal of Law Reform
This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental …
Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause
,
2012
Pepperdine University
Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause , William A. Glaser
Pepperdine Law Review
No abstract provided.
Constitutional Divide: The Transformative Significance Of The School Prayer Decisions,
2012
Pepperdine University
Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith
Pepperdine Law Review
This article challenges the standard view in which Everson v. Board of Education was the foundational and most important establishment clause decision and the school prayer decisions of the early 1960s (Engel v. Vitale and Abington School District v. Schempp) were virtually automatic corollaries. In fact, the article argues, it was the school prayer decisions that were foundational, subverting Everson’s “no aid separationism,” and animating not only later establishment clause jurisprudence but much else in constitutional and public discourse besides. Indeed, it is plausible to see the influence of the school prayer decisions and their articulation of secular neutrality as …
You Can’T Post That . . . Or Can You? Legal Issues Related To College And University Students’ Online Speech,
2012
University of Kentucky
You Can’T Post That . . . Or Can You? Legal Issues Related To College And University Students’ Online Speech, Neal H. Hutchens
Educational Policy Studies and Evaluation Faculty Publications
Online activities increasingly represent a common part of the student experience. Along with seeking to engage students in positive ways in relation to their online activities, colleges and universities must also deal with instances of when students’ online expression potentially violates campus conduct standards. This article provides a review of legal standards relevant to students’ online speech, including an examination of cases arising in an online context.
The Structural Constitutional Principle Of Republican Legitimacy,
2012
IIT Chicago-Kent College of Law
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
All Faculty Scholarship
Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …
Contents,
2012
University of North Carolina School of Law
Treating Religion Differently,
2012
University of North Carolina School of Law
Treating Religion Differently, Melissa Rogers
First Amendment Law Review
No abstract provided.
Joyner V. Forsyth County Board Of Commissioners: The Constitutionality Of Sectarian Legislative Prayer,
2012
University of North Carolina School of Law
Joyner V. Forsyth County Board Of Commissioners: The Constitutionality Of Sectarian Legislative Prayer, Katherine Lewis Parker
First Amendment Law Review
No abstract provided.
A First Amendment Analysis Of Anti-Sharia Initiatives,
2012
University of North Carolina School of Law
A First Amendment Analysis Of Anti-Sharia Initiatives, Asma T. Uddin, Dave Pantzer
First Amendment Law Review
No abstract provided.
Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez,
2012
Washington and Lee University School of Law
Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla
Scholarly Articles
None available.
Still A Threshold Question: Refining The Ministerial Exception Post-Hosanna-Tabor,
2012
University of North Carolina School of Law
Still A Threshold Question: Refining The Ministerial Exception Post-Hosanna-Tabor, Mark E. Chopko, Marissa Parker
First Amendment Law Review
No abstract provided.
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises,
2012
Mercer University School of Law
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Articles
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …
Foreword: Constitutional Constraints State Health Care & Privacy Regulation After Sorrell V. Ims Health,
2012
University of New Hampshire School of Law
Foreword: Constitutional Constraints State Health Care & Privacy Regulation After Sorrell V. Ims Health, John M. Greabe
Law Faculty Scholarship
This brief Foreword explains that First Amendment law is fertile ground for analysis under choice of law principles. It then opines that the majority and dissenting opinions in Sorrell v. IMS Health are rooted in different choices of law that would benefit from a more explicit acknowledgment and explanation.
