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Dusting Off the Old Play Book: How the Supreme Court Disregarded the Blum Trilogy, Returned to Theories of the Past, and Found State Action through Entwinement in Brentwood Academy v. Tennessee Secondary School Athletic Ass'N
(Creighton University School of Law, 2002)
INTRODUCTION|Suppose Tom, a state employee, prohibits Mary, an antiabortion protester, from picketing outside a building located on state-owned property. Tom's actions violate Mary's Fourteenth Amendment rights, which ...
Nguyen v. INS: The Supreme Court Rationalizes Gender-Based Distinctions in Upholding an Equal Protection Challenge
(Creighton University School of Law, 2002)
INTRODUCTION|In 1973, the United States Supreme Court, in Frontiero v. Richardson, announced that classifications based on gender were suspect, like those classifications baled on race, alienage, and national origin, and ...
You Never Call Me Anymore: Bartnicki v. Vopper and the Supreme Court's Abridgement of the Right of Privacy in Favor of the First Amendment Right of a Free Press
(Creighton University School of Law, 2002)
INTRODUCTION|More than one hundred years ago, Samuel Warren and Louis Brandeis first articulated the legal hypothesis that an individual has a right to be free from public exposure of private information about his or her ...
Good News Club v. Milford Central School: Teaching Morality from a Religious Perspective on School Premises after Hours
(Creighton University School of Law, 2002)
INTRODUCTION|Can a religious-based club meet after school on school premises for the purpose of prayer, religious songs, scripture reading and religious instruction on moral issues? Can a school exclude such religious clubs ...
Special Needs Exception to the Fourth Amendment and How it Applies to Government Drug Testing of Pregnant Women: The Supreme Court Clarifies Where the Lines are Drawn in Ferguson v. City of Charleston, The
(Creighton University School of Law, 2002)
INTRODUCTION|Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded ...
You Cannot Hide behind Religion in Copyright Law: The Ninth Circuit Correctly Rejected a Religious Extension to the Fair use Defense in Worldwide Church of God v. Philadelphia Church of God, Inc.
(Creighton University School of Law, 2002)
INTRODUCTION|Article I, Section 8, of the Constitution provides that Congress has the power to promote science and the arts by giving inventors and authors exclusive rights to their respective works for limited times. ...
Money, Sex, and the Religious Right: A Constitutional Analysis of Federally Funded Abstinence-Only-Until-Marriage Sexuality Education
(Creighton University School of Law, 2002)
INTRODUCTION|"An educated populace is essential to the political and economic health of any community...." This includes a sexually educated populace. Researchers are increasingly gaining evidence which supports the common ...
Volume 1
(Creighton University School of Law, 2002)
FIRST PARAGRAPH(S)|When asked to contribute to the 35th anniversary edition with a "short commemorative piece," I wondered what I could possibly say that would be remotely insightful or meaningful. But then I reflected on ...
Foreword
(Creighton University School of Law, 2002)
FIRST PARAGRAPH(S)|It is with considerable pride that I write these lines celebrating the 35th anniversary of the Creighton Law Review. The pride, however, is neither personal nor proprietary. It is rather an institutional ...
Interpreting Nebraska Rule of Evidence 702 after the Nebraska Supreme Court Adopted the Federal Daubert Standard for the Admissibility of Expert Testimony in Schafersman v. Agland Coop
(Creighton University School of Law, 2002)
INTRODUCTION|Any rational judicial system should serve the twin goals of truth and justice. Both the Federal and the Nebraska Rules of Evidence adopt these goals as the purposes underlying each and every rule of evidence. ...