Con Law II students Spring Semester 2014.
I would like you to read my recent article on the Establishment Clause and free speech interests. It should make for interesting reading over the long winter break.
We will discuss this in class on our first session.
This is an
article critiquing the Supreme Court's jurisprudence concerning passive
religious displays in the public square, and the true source of the
Court's Wall of Separation Between Church and State. Hint: It is
not Jefferson, but rather an organization that Justice Hugo Black once
belonged to!
My recent article, Just Another Brick in the Wall: The Establishment Clause as a
Heckler's Veto, is available (free download) at SSRN
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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