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.
Wednesday, May 28, 2008
Gay Rights vs. Religious Liberty
Banned in Boston The coming conflict between same-sex marriage and religious liberty. by Maggie Gallagher (Link)
Tuesday, May 27, 2008
UPDATE: Tomorrow's reading
Contrary to what I said near the end of class today, please try to prepare through assignment 3 (i.e. both 2 & 3) for tomorrow. In other words, don't stop at the Smith decision but read the cases in handout 5 & 6 as well. I think I corrected myself before most of you had left class today, but one or two of you may have missed it. Again, you should read through these assignments for tomorrow (Wednesday):
I. Free Exercise Clause
1. Babylon Five: Believers episode (in class viewing); Linder Introduction (Link); Reynolds case (Link)
2. Casebook p. 560-567; Goldman case (Link); Lyng case (Link)
3. Casebook p. 567-578; Handout 5; Handout 6 (Lukumi and Axson-Flynn);my "Individualized Exemptions and Hogwarts" article (reprint provided)
I am trying not to hit you with too much reading in any one day, but I also want to make sure that you have read enough to get us through a 3-hour class. Sorry for correcting myself at the last moment.
I. Free Exercise Clause
1. Babylon Five: Believers episode (in class viewing); Linder Introduction (Link); Reynolds case (Link)
2. Casebook p. 560-567; Goldman case (Link); Lyng case (Link)
3. Casebook p. 567-578; Handout 5; Handout 6 (Lukumi and Axson-Flynn);my "Individualized Exemptions and Hogwarts" article (reprint provided)
I am trying not to hit you with too much reading in any one day, but I also want to make sure that you have read enough to get us through a 3-hour class. Sorry for correcting myself at the last moment.
Monday, May 19, 2008
Con Law II Fall 2008: Additional Daily Assignment
I am assigning the following additional requirement for the course:
You are responsible for checking the daily posts on The Religion Clause blog, a very good site published by Prof. Howard Friedman. Here is a link.
This site is the best way to keep up on what is happening in the law of religious liberty. Bookmark and visit it regularly.
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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...