Zobrazeno 1 - 10
of 33
pro vyhledávání: '"endorsement test"'
Autor:
Helga Kovács
Publikováno v:
Public Governance, Administration and Finances Law Review, Vol 8, Iss 1, Pp 23-41 (2023)
The Supreme Court of the United States of America has recently issued a decision in several cases that are closely related to First Amendment rights. In doing so, the Court has changed its own set of criteria from its earlier practice. The reasons fo
Externí odkaz:
https://doaj.org/article/ba8cfc6c2f964645aa7881797e43bd67
Autor:
Chapman, Nathan S., author, McConnell, Michael W., author
Publikováno v:
Agreeing to Disagree : How the Establishment Clause Protects Religious Diversity and Freedom of Conscience, 2023.
Externí odkaz:
https://doi.org/10.1093/oso/9780195304664.003.0010
Autor:
Dane, Perry
This Article dissects two developments in widely separate areas of American constitutional law – the “reasonable expectation of privacy” test for the Fourth Amendment’s Search and Seizure Clause and the “endorsement” test for the First Am
Externí odkaz:
https://explore.openaire.eu/search/publication?articleId=doi_________::37b695a3714b80c445a0550f7db0913a
Autor:
Corey Brettschneider
Publikováno v:
SSRN Electronic Journal.
In this essay I argue that the Constitution’s Equal Protection, Establishment, and Free Exercise clauses share a common principle prohibiting state action that is based on “theocratic” reasoning. Drawing on the free-exercise case of Church of L
Autor:
Tony Sax
Publikováno v:
SSRN Electronic Journal.
Should sectarian prayer before legislative sessions be the proper practice to solemnize members of the legislature? The Supreme Court in Town of Greece v. Galloway held that the history of the practice and the non-coercive nature of the invocations a
Autor:
Cameron Rode
Publikováno v:
SSRN Electronic Journal.
From the “Hail Mary Pass” to the “Immaculate Reception,” “Touchdown Jesus” to “Catholics vs. Convicts,” and even “Tebowing” to the simple celebration prayer, faith and football have always been intertwined. Despite the significant
Autor:
Lindsey H Emerson
Publikováno v:
SSRN Electronic Journal.
This comment proposes a new, unified approach to practically apply the Establishment Clause to public displays of religious symbols. The use of a particularized set of factors will lead to more consistent and coherent court decisions. The proposed me
Autor:
Michael I. Meyerson
Publikováno v:
SSRN Electronic Journal.
The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The C
Autor:
Brandon Harvard Riches
Publikováno v:
SSRN Electronic Journal.
The Supreme Court has held that the freedom of speech is not shed at the schoolhouse doors and warrants protection. Students’ whose religious viewpoints are discriminated against at school are likely unaware of their constitutional rights. The Reli