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• Select PARTICULARLY ABUSED: CLOSING THE BACKDOOR ON CERTIFIABLY DENIABLE PARTICULAR SOCIAL GROUP ASYLUM CLAIMS.

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  PARTICULARLY ABUSED: CLOSING THE BACKDOOR ON CERTIFIABLY DENIABLE PARTICULAR SOCIAL GROUP ASYLUM CLAIMS.

  Author:Kaitlin Ann CoyleFrom:Ave Maria Law Review (Vol. 19) Peer-Reviewed

  Annual 202113,570 words Article 2020LINTRODUCTION Immigrants have come to the United States (U.S.) for generations in search of a better life. There is no denying the pull effect (1) that the U.S. has with a booming economy, a stable government, and the...
• Select AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION AND THE FUTURE OF THE ESTABLISHMENT CLAUSE.

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  AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION AND THE FUTURE OF THE ESTABLISHMENT CLAUSE.

  Author:Richard S. MyersFrom:Ave Maria Law Review (Vol. 19) Peer-Reviewed

  Annual 20215,337 words Article 2030LINTRODUCTION Cases involving the public display of religious symbols have long perplexed the courts. (1) These cases are important for many reasons. Public symbols have an important role in shaping our public culture....
• Select THE PARTISAN SAMARITAN: THE COMMUNICATIONS DECENCY ACT AND THE MODERN INTERNET.

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  THE PARTISAN SAMARITAN: THE COMMUNICATIONS DECENCY ACT AND THE MODERN INTERNET.

  Author:Andrew HocottFrom:Ave Maria Law Review (Vol. 19) Peer-Reviewed

  Annual 20219,531 words Article 2410LIt is an undeniable reality that the modern era has become an age of unexpected and unprecedented technological and societal growth. Whether it be the testing of self-driving cars, (1) the introduction of augmented...
• Select OPIOID LITIGATION: WELCOME TO THE NUISANCE JUNGLE.

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  OPIOID LITIGATION: WELCOME TO THE NUISANCE JUNGLE.

  Author:Jonathan FitzmauriceFrom:Ave Maria Law Review (Vol. 19) Peer-Reviewed

  Annual 202110,611 words Article 2620LINTRODUCTION Nuisance--"the great grab bag, the dust bin, of the law" (1)--is a legal concept that "virtually defies synthesis" and is capable of encompassing everything and anything from "an alarming advertisement to...
• Select NEUTRALITY WITHOUT A TAPE MEASURE: ACCOMMODATING RELIGION AFTER AMERICAN LEGION.

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  NEUTRALITY WITHOUT A TAPE MEASURE: ACCOMMODATING RELIGION AFTER AMERICAN LEGION.

  Author:Scott W. GaylordFrom:Ave Maria Law Review (Vol. 19) Peer-Reviewed

  Annual 202127,449 words Article 2030LIn County of Allegheny v. ACLU Greater Pittsburgh Chapter, Justice Kennedy famously criticized the endorsement test as requiring judges to "us[e] little more than intuition and a tape measure." (1) Because the...
• Select CONSTITUTIONAL CRISIS AND AMERICA'S LOST NATURAL LAW MIND.

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  CONSTITUTIONAL CRISIS AND AMERICA'S LOST NATURAL LAW MIND.

  Author:Bruce P. FrohnenFrom:Ave Maria Law Review (Vol. 19) Peer-Reviewed

  Annual 20219,540 words Article 2120LWhy are Catholic hospitals now liable to suit by "transgender men" on whom they refuse, for religious reasons, to perform hysterectomies? (1) In part, no doubt, because courts misunderstand the nature and purpose of the...
• Select DEAL, NO DEAL: BOSTOCK, OUR LADY OF GUADALUPE, AND THE FATE OF RELIGIOUS HIRING RIGHTS AT THE U.S. SUPREME COURT.

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  DEAL, NO DEAL: BOSTOCK, OUR LADY OF GUADALUPE, AND THE FATE OF RELIGIOUS HIRING RIGHTS AT THE U.S. SUPREME COURT.

  Author:Timothy J. TraceyFrom:Ave Maria Law Review (Vol. 19) Peer-Reviewed

  Annual 202117,080 words Article 1740LINTRODUCTION In a year marked by the extraordinary--an impeachment, a global pandemic, a national movement for racial justice, a reeling U.S. economy, a rancorous presidential election, the departure of Britain from...
• Select THE PROBLEMS WITH THE SOLUTIONS: EXAMINING THE RESPONSE FROM UNIVERSITIES, PRESIDENT TRUMP, AND STATE LEGISLATURES TO CAMPUS FREE SPEECH ISSUES.

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  THE PROBLEMS WITH THE SOLUTIONS: EXAMINING THE RESPONSE FROM UNIVERSITIES, PRESIDENT TRUMP, AND STATE LEGISLATURES TO CAMPUS FREE SPEECH ISSUES.

  Author:Katarina I. ChavezFrom:Ave Maria Law Review (Vol. 19) Peer-Reviewed

  Annual 202113,497 words Article 2330LINTRODUCTION The constitutional right to free speech and expression is a protection that directly affects the progress and advancement of the American free society. (1) Concurring with this ideal, Justice Brandeis in...