I would love to start class on Thursday with 10 minutes of your thoughts on this issue:
Let's take a case of a religious student requesting an exemption from some requirement of the public schools.
Take the case of the Catholic student requesting an excused absence from the school's mandatory "safe sex" assembly.
Is the accommodation required by the Free Exercise Clause? Maybe? It depends?
Is it permitted by the EC even if not required by the FEC?
Is it forbidden by the EC, because it amounts to a preference for religious citizens? Suppose I work as a police officer in a small town and I ask to be exempted from Sunday shifts?
What should the answers to these questions be? Please give it a little thought.
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.
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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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