How should the Constitution apply to a case like that of the religious students who refused to read Studs Terkels' excellent, but raw book, Working? Should the school be required under the First Amendment to allow the dissenters to read a substitute book? Or should the courts leave this decision to school authorities and the school board (and ultimately to the political process)?
If you were a school district attorney, what would you advise your client to do? Why?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Saturday, August 06, 2005
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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