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Academic Journals
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From:Journal of Criminal Law and Criminology (Vol. 100, Issue 2) Peer-ReviewedINTRODUCTION Business corporations supply modern society with the necessities and comforts of life. Benefiting from the collective capital of many shareholders and laws favoring the artificial business entity,...
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From:Constitutional Commentary (Vol. 24, Issue 2) Peer-ReviewedRELIGION AND THE CONSTITUTION: FREE EXERCISE AND FAIRNESS. By Kent Greenawalt. (1) Princeton University Press. 2006. Pp. xi + 455. $39.00. A familiar hymn, still sung with gusto on many Sunday mornings, has a couple...
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From:Yale Human Rights and Development Law Journal (Vol. 16)This article argues that the general right to contract, that is to say the ability of one to obligate himself in exchange for another's obligation in return, is a fundamental (or basic) though not all-encompassing right...
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From:Stanford Law Review (Vol. 69, Issue 5) Peer-ReviewedThough scholars have identified the expanding scope of First Amendment speech doctrine, little attention has been paid to the theoretical transformation happening inside the doctrine that has accompanied its outward...
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From:Journal of Modern Literature (Vol. 26, Issue 2) Peer-ReviewedWhen read with a knowledge of his sexual history, E.M. Forster's characterization of fantasy, one of the seven topics or "aspects" of fiction he discusses in his 1927 lectures and book, yields queer (4) possibilities....
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From:Notre Dame Law Review (Vol. 92, Issue 1) Peer-ReviewedI. POLITICAL CHALLENGES TO RELIGIOUS FREEDOM American religious freedom used to be "taken for granted." It's now "up for grabs." So writes distinguished religious liberty scholar Paul Horwitz. (1) Until a generation...
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From:Independent Review (Vol. 16, Issue 1) Peer-ReviewedWestern nations maintain variously high walls of separation between church and state. One consequence of this separation is the ongoing dilution, often preceding the occasional disappearance from "public" life, of...
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From:The Catholic Historical Review (Vol. 99, Issue 2) Peer-ReviewedThe work of Charles Peguy (1873-1914), Leon Bloy (1846-1917), and especially Raissa Maritain (1883-1960) provides insight regarding the relationship between French Jews and Catholics in the early-twentieth century. The...
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From:Journal of European Studies (Vol. 27, Issue 3) Peer-ReviewedImmanuel Kant and Jurgen Habermas asserted that their age could be classified as 'modern' because their activities at that time were 'progressive' and generally inclined toward surmounting the limitations and...
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From:McGill Law Journal (Vol. 54, Issue 2) Peer-ReviewedIn indecency cases, Canadian courts historically employed a model of sexual morality based on the community's standard of tolerance. However, the Supreme Court of Canada's recent jurisprudence addressing the role of...
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From:Michigan Law Review (Vol. 95, Issue 2) Peer-ReviewedThe continual expansion of freedom speech rights and the special status granted the First Amendment has led some scholars to call for a narrowing of speech rights that provide maximum protections only for speech...
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From:Albany Law Review (Vol. 60, Issue 4) Peer-ReviewedI. Introduction During the second semester of my first year of law school, my criminal law professor briefly discussed a Supreme Court case in which the Court had determined that it was unconstitutional for a state...
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From:Yale Law Journal (Vol. 119, Issue 6) Peer-ReviewedThis Feature explores what it would mean to disestablish the family. It examines a particular theory of religious disestablishment, one that emphasizes institutional pluralism and the importance of competing sources of...
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From:Duke Law Journal (Vol. 68, Issue 6) Peer-ReviewedABSTRACT The Free Exercise Clause was enacted for the purpose of protecting diverse modes of religious practice. One practice that numerous religious traditions observe is shunning--the expulsion and social exclusion...
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From:University of Pennsylvania Law Review (Vol. 150, Issue 3) Peer-ReviewedINTRODUCTION There are likely few groups who, while enjoying a vivid academic exchange in the much-celebrated marketplace of ideas, will be interrupted by one member's call to move the debate to a nearby all-nude...
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From:Yale Law Journal (Vol. 104, Issue 7) Peer-ReviewedI. INTRODUCTION: CHANNEL SURFING USA It's been a tough day. I've spent most of it worrying about the Free Speech Principle. Or at least, the Free Speech Principle described in Cass Sunstein's Democracy and the Problem...
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From:Harvard Law Review (Vol. 133, Issue 2) Peer-ReviewedLaw often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product of reliable principles and methods. Prosecutors are not...
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From:Stanford Law Review (Vol. 53, Issue 6) Peer-ReviewedJournalists, politicians, jurists, and legal academics often describe the privacy problem created by the collection and use of personal information through computer databases and the Internet with the metaphor of Big...
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From:William and Mary Law Review (Vol. 44, Issue 1) Peer-ReviewedThe concept of freedom is the stone of stumbling for all empiricists, but at the same time the key to the loftiest practical principles for critical moralists, who perceive by its means that they must necessarily...
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From:University of Pennsylvania Law Review (Vol. 140, Issue 1) Peer-ReviewedINTRODUCTION A. The Constitution in an Age of Information The night watchman state is dead in America, if indeed it ever lived. Modern American government, like governments elsewhere, has taken progressively...