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Schools, Worship, and the First Amendment
This five-part article examines the use of public school space for worship, arguing that the Second Circuit Court of Appeals was wrong in its First Amendment analysis related to the Free Speech Clause, the Establishment ...
The First Amendment and Religion After Hosanna-Tabor
The Supreme Court’s treatment of religion under the First Amendment has shifted significantly in the past quarter century. Though the Court had focused on separation for the Establishment Clause and accommodation for the ...
The Fairness Dimension of Takings Jurisprudence
This Article will examine the "fairness" dimension of takings jurisprudence from both the macro and micro perspectives. First, it will show why it is fair to generally strike the balance so that most costs must be borne ...
The Land Use Jurisprudence of Chief Justice Rehnquist and Justice Stevens: Two Views on Balancing Public and Private Interests in Property
This three-part article examines the separate and combined legacies of Chief Justice William H. Rehnquist and Justice John Paul Stevens in the area of regulatory takings jurisprudence as applied to land use controls. Part ...