Note: Fruit of the Poison Tree: A First Amendment Analysis of the History and Character of Intelligent Design Education
By Todd R. Olin. Full text here. Since the famous Scopes Trial in 1925, religious groups have struggled to introduce into public school science education a theory of human origin predicated on a supernatural creator. The latest theory to challenge evolution is Intelligent Design. Although this theory makes no explicit reference to religion or God, it…
Continue ReadingNote, Pharmacist Refusals: Dispensing (With) Religious Accomodation Under Title VII
By Amy Bergquist. Full text here. Pharmacists with greater frequency are refusing to fill certain prescriptions on religious grounds. These employees contend that Title VII of the Civil Rights Act requires pharmacies to accommodate refusing pharmacists by allowing other pharmacists to fill objectionable prescriptions. Some employers embrace this view and accommodate refusing pharmacists by sending customers…
Continue ReadingReview Essay: A Psychology of Emotional Legal Decision Making: Revulsion and Saving Face in Legal Theory and Practice
By Peter H. Huang and Christopher J. Anderson. Full review essay here.
Continue ReadingThe Problem of Authority: Revisiting the Service Conception
By Joseph Raz. Full text here. Why ought we subject our will to authority? How is a person with authority justified in demanding that we subject our will? What does it mean to be a legitimate authority? This is the problem of authority that Professor Raz addressed many years ago under the title of the…
Continue ReadingWhy the Defense of Marriage Act Is Not (Yet?) Unconstitutional: Lawrence, Full Faith and Credit, and the Many Societal Actors That Determine What the Constitution Requires
By Mark D. Rosen. Full text here. When Hawaii seemed poised to be the first state in the Union to permit same-sex marriage in the 1990s, Congress passed the Defense of Marriage Act (DOMA). DOMA provides that states need not recognize same-sex marriages (or judgments in connection with such marriages) performed in sister states. Though many…
Continue ReadingThird-Party Copyright Liability After Grokster
By Alfred C. Yen. Full text here. This Article studies the construction of third-party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third-party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third-party copyright…
Continue ReadingTribute: Continuing the Path to Excellence: University of Minnesota Law School Dean Alex M. Johnson, Jr.
By Edward S. Adams. Full text here.
Continue ReadingJuveniles' Competence to Exercise Miranda Rights: An Empirical Study of Policy and Practice
By Barry C. Feld. Full text here. The Supreme Court does not require any special procedural safeguards when police interrogate youths. Instead, it uses the adult standard—“knowing, intelligent, and voluntary under the totality of the circumstances”—to gauge the validity of juveniles’ waivers of Miranda rights. Developmental psychologists have examined adolescents’ capacity to exercise or waive…
Continue ReadingNote: "Don't Read This If It's Not For You": The Legal Inadequacies of Modern Approaches to E-mail Privacy
By Joshua L. Colburn. Full text here. E-mail has become the cheap and reliable replacement for many forms of business and personal communication. Despite a lack of any significant advances in privacy laws or software, lawyers have surrendered their once vocal privacy concerns in favor of efficient communication. In an effort to minimize any remaining privacy…
Continue ReadingWhat Doth It Profit? Pelikan's Parallels
By Steven D. Smith. Full text here.
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