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Shall We Sing - Shall We Sing Religious Music in Public Schools
(Creighton University School of Law, 2005)
INTRODUCTION|The tension-filled atmosphere surrounding the West High graduation ceremony held on June 7, 1995, dominated the traditional euphoria accompanying the normal rites of passage associated with high school ...
Unacceptable Collateral Damage: The Danger of Probation Conditions Restricting the Right to Have Children
(Creighton University School of Law, 2005)
INTRODUCTION|You have the right to have as many children as you desire. You can have seven like the Waltons, six like the Brady Bunch, or none at all like Oprah. It is all left to your discretion-unless you fail to pay ...
Hill v. Scott: The Eighth Circuit Upholds the Basic Principles of the Objective Reasonableness Standard in a Case of Mistaken Identity Arrest
(Creighton University School of Law, 2005)
INTRODUCTION|When a citizen sues a state or local official pursuant to 42 U.S.C. Section 1983, the official may assert the defense of qualified immunity, which protects government officials from "the ordeal of protracted ...
Federalism and the Establishment Clause: A Reassessment
(Creighton University School of Law, 2005)
FIRST PARAGRAPH(S)|The separationist approach to Establishment Clause adjudication has been under attack ever since it was first announced in 1947. Over the last twenty years, however, separationism has faced an onslaught ...
Conflicting Interpretations of the One-Year Requirement on Motions to Confirm Arbitration Awards
(Creighton University School of Law, 2005)
INTRODUCTION|For years, both individuals and businesses have used arbitration to resolve their disputes instead of resorting to the traditional court system. Arbitration provides a better choice for businesses because it ...
Do-Not-Call List Controversy: A Parable of Privacy and Speech, The
(Creighton University School of Law, 2005)
INTRODUCTION|The controversy surrounding the constitutional challenge to the federal telemarketing "Do-Not-Call List" is a revealing parable of modern American life. The questions of First Amendment policy and doctrine ...
Iceberg of Religious Freedom: Sub-Surface Levels of Nonestablishment Discourse, The
(Creighton University School of Law, 2005)
INTRODUCTION|I hope I correctly understood Professor Dallon's invitation to participate in this conference as a proposal to reflect broadly on scholarly work in an area in which I've been teaching and writing for about two ...
Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate, The
(Creighton University School of Law, 2005)
INTRODUCTION|Sometimes ideas gain momentum through repetition. The idea that the Full Faith and Credit Clause would require national recognition of a same-sex marriage solemnized by one state is apparently one of them. ...
Larry Kramer, Same-Sex Marriage, and the Politics of Legal Scholarship
(Creighton University School of Law, 2005)
INTRODUCTION|The Massachusetts Supreme Judicial Court's decision in Goodridge v. Department of Public Health has once again brought the Full Faith and Credit Clause into the public eye. With same-sex marriage legalized in ...
Foreword - Koley Lecture Series
(Creighton University School of Law, 2005)
FIRST PARAGRAPH(S)|When the Omaha World-Herald Foundation, John Gottschalk and other members of the World-Herald management team contributed funds to Creighton University School of Law to establish The James L. Koley '54 ...