USA Today: “Goldman Sachs sent $4.3 billion in federal tax money to 32 entities, including many overseas banks, hedge funds and pensions, according to information made public Friday night. Goldman Sachs disclosed the list of companies to the Senate Finance Committee after a threat of subpoena from Sen. Chuck Grassley, R-Ia.”
- Posted: 07/26/2010
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- Category: Miscellaneous
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- Source: www.usatoday.com
- Tags: Topic: Economy
Vision Critical: “A comprehensive three-country survey on attitudes towards homosexuality reveals that Canadians and Britons are more inclined to support the legal recognition of same-sex couples than Americans. The online survey of representative national samples of 1,003 Canadian adults, 1,002 American adults, and 1,980 British adults shows that younger generations are clearly more accepting of same-sex relations. However, the poll also confirms that younger Americans—born between 1980 and 1995—are more conservative than their Canadian and British counterparts in all matters related to homosexuality.”
- Posted: 07/26/2010
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- Category: Global: Marriage and Family
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- Source: www.visioncritical.com
- Tags: Category: Global, Country: Canada, Country: United Kingdom, Global: Marriage and Family, Topic: Homosexual Agenda, Topic: Marriage, Topic: Polls
The Christian Post: “Things aren’t as bad in American Christianity as many say it is, according to one sociologist. Christianity isn’t on the brink of extinction, divorce rates of Christians aren’t equal to that of non-Christians and churches are not losing young people – at least not to the extent that some fear. … In his newly released book Christians Are Hate-Filled Hypocrites … and Other Lies You’ve Been Told, Wright reveals that many of the commonly cited statistics regarding the state of U.S. Christianity or the behaviors of Christians are incomplete and inaccurate.”
- Posted: 07/26/2010
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- Category: Religious Freedom
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- Source: www.christianpost.com
- Tags: Category: Marriage and Family, Category: Religious Freedom, Topic: Culture, Topic: Studies
Brown v. Colegio, No. 08-2432 (1st Cir. July 23, 2010)
“This court held that the First Amendment allowed Colegio to compel its members to purchase life insurance only if this was germane to the purposes that justify compelling membership in an integrated bar association … the district court then held that the life insurance program was not germane and was therefore unconstitutional, awarded Romero damages–the amount of his dues attributable to the life insurance program since he had initially objected–and entered an injunction “prohibit[ing] [Colegio] from collecting . . . that portion of his future annual dues attributable to the Colegio’s mandatory group life insurance program. … After Romero, Colegio did not fully advise its members that they no longer had to buy insurance, threw obstacles in front of those trying to opt out, and delayed refunds. In fact it moved to disbar one member who refused to pay the portion of his dues attributable to the program. … We affirm the district court’s declaration of liability and its grant of injunctive relief but vacate its judgment insofar as it determines the amount of damages, and remand to allow notice to be given to class members including their right to opt out of the class.”
- Posted: 07/26/2010
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- Category: Bench & Bar
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- Source: www.ca1.uscourts.gov
- Tags: Category: Bench and Bar, Topic: Insurance, Topic: Puerto Rico, ZZ: Brown v. Colegio
Law.com: “The city’s legal services sector, largely comprised by law firms, added 1,600 jobs in June, up 2.1 percent from May. But the numbers are below the 2,600 jobs added in June 2009 and below the decade average of 2,800 during the period when many law firms are adding summer associates. There were 79,800 total jobs in the legal section.”
- Posted: 07/26/2010
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- Category: Bench & Bar
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- Source: www.law.com
- Tags: Category: Bench and Bar, State: New York, Topic: Economy
Argentina Becomes First Latin-American Nation to Legislate in Favor of Marriage for Same-Sex Partners after Iceland Takes the Plunge (Google Viewer)
New York Law School’s Lesbian/Gay Law Notes
“In the early morning hours of July 15, Argentina’s Senate concluded a 16 hour debate by voting 33-27 (with 3 abstentions) in favor of legislation that will provide full access to marriage for same-sex couples in that country. The Senate vote endorsed a bill that was approved by the lower house of the legislature on May 5, 2010, by a vote of 125-109, with 6 abstentions. President Cristina Fernandez de Kirchner is a strong supporter of the legislation, so final enactment is assured. The legislation will substitute the term ‘the marrying parties’ for ‘husband and wife’ in the existing laws governing marriage. It becomes effective upon publication in the official bulletin, which was expected to take place within a few days of the vote. Further legislation will be needed to make necessary adjustments in other statutes. The Argentinian action came just a month after Iceland’s Parliament had voted unanimously, 49-0, on June 12 to approve legislation allowing same-sex marriages, with the law coming into force on June 27.”
- Posted: 07/26/2010
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- Category: Global: Marriage and Family
- Tags: Category: Global, Country: Argentina, Country: Iceland, Global: Marriage and Family, Topic: Homosexual Agenda, Topic: Marriage
Christian Legal Society: “The conference planning team has lifted the bar significantly this year, giving special attention to both spiritual formation and professional development. With extraordinary support from Campus Crusade for Christ’s (CCC) legal ministries group, CLS has held down costs for attendees despite enhanced programming. Of particular note: carefully planned children’s activities led by experienced CCC staff will make this a great time for the entire family.”
October 21-24, 2010
Rosen Plaza Hotel
Orlando, Florida
- Posted: 07/26/2010
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- Category: Bench & Bar
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- Source: www.clsnet.org
- Tags: Category: Bench and Bar, Group: Christian Legal Society
Eugene Volokh writing at The Volokh Conspiracy: “That’s the issue in In re Adoption of A.M., decided yesterday by the Indiana Court of Appeals. The biological father was fine with the adoption, which terminated father’s parental rights — the plan was basically for the grandfather (on the mother’s side) to take on the father role, with the mother retaining her role as mother. Indiana law appears not to allow this; the relevant statutes provide that an adoption severs both biological parents’ parental rights, unless ‘the adoptive parent of a child is married to a biological parent [or previous adoptive parent] of the child.’ There is no provision for a child’s parents to switch from biomom+biodad to biomom+someone who isn’t married to biomom.”
- Posted: 07/26/2010
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- Category: Marriage & Family
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- Source: volokh.com
- Tags: Category: Marriage and Family, Topic: Adoption, Topic: Child Custody, Topic: Parental Rights
Eugene Volokh writing at The Volokh Conspiracy: “From today’s opinion in S.D. v. M.J.R. (N.J. Super. Ct. App. Div.), a domestic restraining order case . . . ‘The record reflects that plaintiff, S.D., and defendant, M.J.R., are citizens of Morocco and adherents to the Muslim faith. They were wed in Morocco in an arranged marriage on July 31, 2008, when plaintiff was seventeen years old. The parties did not know each other prior to the marriage . . . Upon their return to the apartment, defendant forced plaintiff to have sex with him while she cried . . . Defendant’s conduct in engaging in nonconsensual sexual intercourse was unquestionably knowing, regardless of his view that his religion permitted him to act as he did. As the judge recognized, the case thus presents a conflict between the criminal law and religious precepts. In resolving this conflict, the judge determined to except defendant from the operation of the State’s statutes as the result of his religious beliefs. In doing so, the judge was mistaken.’ . . . ”
- Posted: 07/26/2010
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- Category: Religious Freedom
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- Source: volokh.com
- Tags: Category: Marriage and Family, Category: Religious Freedom, Country: Morocco, Topic: Islam, Topic: Marriage
LifeNews: “A coalition of 30 pro-life organizations sent a letter to members of the Senate today asking for a thorough investigation of Supreme Court nominee Elena Kagan. They are calling for a probe into her comments about partial-birth abortion and say she may have misled lawmakers.”
- Posted: 07/26/2010
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- Category: Bench & Bar
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- Source: www.lifenews.com
- Tags: Category: Bench and Bar, Category: Sanctity of Life, Court: U.S. Supreme, Group: American Life League, Group: Americans United for Life (AUL), Group: Family Research Council (FRC), Group: Heartbeat International, Group: Human Life International, Group: Liberty Counsel, Group: Life Issues Institute, Group: Priests for Life, Group: Susan B. Anthony List, Topic: Abortion, Topic: Congress, Topic: Nominations
Law.com: “Heather Kendall-Miller, a staff attorney for the Native American Rights Fund, is in the running to succeed Judge Andrew Kleinfeld for an Alaska-based seat. But Kendall-Miller has some competition from Alaska Supreme Court Justice Morgan Christen, part of a complicated 9th Circuit puzzle the White House is trying to assemble. Christopher Cameron, a professor at Southwestern Law School, is the leading California contender for a separate seat that has long been in dispute between California and Idaho, multiple sources said. But the administration is also apparently looking for an Idaho nominee, these sources said, because the turf war is still going strong.”
- Posted: 07/26/2010
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- Category: Bench & Bar
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- Source: www.law.com
- Tags: Category: Bench and Bar, Court: 9th Circuit, State: Alaska, State: California, State: Idaho
Washington Post: “Two of the court’s leading intellectuals, Scalia and Stevens disagreed with each other about as often as any other pair on the court. Their conflicts involved the court’s most enduring controversies — abortion, gay rights, the death penalty, political speech — and, just as importantly, diametrically opposed views on how to interpret the Constitution. The two men served together nearly 24 years, longer than any of the others on the current court, and the McDonald decision gave them one last chance to debate how the court should decide which fundamental rights the Constitution protects.”
- Posted: 07/26/2010
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- Category: Bench & Bar
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- Source: www.washingtonpost.com
- Tags: Category: Bench and Bar, Court: U.S. Supreme, Topic: Jurisprudence
NPR: “Duvall pioneered this more understated approach to faith in his 1983 film Tender Mercies. His performance earned him an Oscar and the enthusiasm of Christian moviegoers. … That realistic — and complex — approach to faith appears most vividly in a character of Duvall’s creation — a Pentecostal preacher named Sonny Dewey in The Apostle. Duvall wrote the script, directed the film and starred in it. In scene after scene, Duvall captured Sonny’s passion and intimacy with God — not mocking it, but letting it tremble or explode, as when Sonny confronts God after he learns his wife is having an affair. … Duvall tried to sell the script to Hollywood for 13 years, but found no takers. So he put up $5 million of his own money and made the movie he wanted. Duvall says the big studios would have insisted on their stereotype of a Christian white male: a judgmental hypocrite.”
- Posted: 07/26/2010
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- Category: Miscellaneous
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- Source: www.npr.org
- Tags: Topic: Culture, Topic: Media
Michael C. Dorf writing at FindLaw: “Senator Graham’s view can be summarized as follows: The role of the Senate is to examine a nominee’s professional qualifications, character, and whether her substantive views fall within the broad mainstream of legal thought. And indeed, many Senators have, over the years, taken exactly that position. But Graham went further, suggesting that Senators are constitutionally-forbidden from voting against a nominee based on ideological disagreement with the nominee. As I shall explain in this column, however, this suggestion is false: The Constitution does not clearly circumscribe the Senate’s role. Moreover, even if all of the Senators had accepted Graham’s views about their proper role, increased party polarization would have made the ‘mainstream’ requirement difficult to satisfy in practice.”
- Posted: 07/26/2010
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- Category: Bench & Bar
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- Source: writ.news.findlaw.com
- Tags: Category: Bench and Bar, Court: U.S. Supreme, Topic: Congress, Topic: Nominations
ADF Attorney Steven H. Aden writing at Allowed in Washington State: Your Friendly Neighborhood PharmacyThe Christian Post / Advancing Religious Liberty: “After more than three years of bouncing around in federal trial and appeals courts, Washington State pharmacists and patients both came out winners. The loser? The Washington State Department of Health. … Seeking legal protection for their right of conscience, the pharmacy contacted a Seattle law firm that includes several of the nearly 1,800 allied attorneys with the Alliance Defense Fund … Now that patients’ concerns have been taken care of with the new order, pro-abortion organizations, like Planned Parenthood and its allies, are asking Washingtonians to contact Governor Gregoire to express their disappointment over the state’s about-face in abandoning the forced-dispensing policy for life-destroying drugs.” | ADF News Release
- Posted: 07/26/2010
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- Category: ADF in the News
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- Source: www.christianpost.com
- Tags: ADF: Media Clips, ADF: Steven H. Aden, Alliance Defense Fund, Category: Religious Freedom, Category: Sanctity of Life, State: Washington, Topic: Abortion, Topic: Conscience, Topic: Contraception, ZZ: Stormans v Selecky
Keen News Service: “But the ruling may not be the end of the battle for Washington, D.C. The U.S. Supreme Court and Congress may have the final word. … The [Alliance Defense Fund] issued a statement after the ruling, indicating it is considering whether to petition the Court of Appeals decision to the U.S. Supreme Court. ‘The decision from the District of Columbia Court of Appeals means that those living in our nation’s capitol are being denied their most fundamental freedom –the right to vote,’ said Alliance Senior Legal Counsel [Austin Nimocks]. ‘We are considering our options to right this wrong, which include asking the Supreme Court of the United States to consider this case.’”
- Posted: 07/26/2010
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- Category: Uncategorized
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- Source: www.keennewsservice.com
- Tags: ADF: Austin R. Nimocks, ADF: Media Clips, Category: Marriage and Family, Topic: District of Columbia, Topic: Homosexual Agenda, Topic: Marriage, ZZ: Jackson v District of Columbia Board of Elections and Ethics
OneNewsNow: “Students and faculty have rallied behind the professor, and at last count, nearly 6,000 people have joined the ‘Save Dr. Ken’ Facebook group. Members are planning a prayer vigil on the university’s quad, and students are also organizing a mass boycott of all university religion courses unless Howell is reinstated by the fall. ‘It’s highly unusual in an academic freedom case to have so many students engaged in the struggle,’ notes [David French], legal counsel for the Alliance Defense Fund (ADF).”
- Posted: 07/26/2010
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- Category: Uncategorized
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- Source: www.onenewsnow.com
- Tags: ADF: David French, ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, State: Illinois, Topic: Colleges, Topic: Education, Topic: Homosexual Agenda
The Daily Caller: “‘They made a cascading series of presumptions about the kind of a counselor she would be and have consequently … tried to force her to change her beliefs,’ [David French], the ADF attorney representing Keeton in the case, told The Daily Caller. ‘It’s symbolic of an educational system that has lost its way.’”
- Posted: 07/26/2010
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- Category: ADF in the News
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- Source: dailycaller.com
- Tags: ADF: David French, ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, State: Georgia, Topic: Colleges, Topic: Education, Topic: Homosexual Agenda, ZZ: Keeton v. Anderson-Wiley
The Augusta Chronicle: “A student who is suing Augusta State University says she considers gay, lesbian, bisexual and transgender lifestyles as ‘identity confusion,’ and shared those views in class discussions and written assignments. … [Keeton] claims Mary Jane Anderson-Wiley, an ASU associate professor, requested that Keeton take part in a remediation plan because of her beliefs about gay, lesbian, bisexual and transgender issues. … The Alliance Defense Fund, a legal alliance that supports religious freedom, filed the suit for Keeton in U.S. District Court in Augusta on Wednesday. The agency has declined to allow Keeton to be interviewed, but she has responded to submitted e-mail questions.” | ADF News Release
- Posted: 07/26/2010
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- Category: ADF in the News, Uncategorized
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- Source: chronicle.augusta.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, State: Georgia, Topic: Colleges, Topic: Education, Topic: Homosexual Agenda, ZZ: Keeton v. Anderson-Wiley
New York Times: “When the Swedish journalist Peter Letmark tried to track down a housewife for a series on 21st-century parents in the newspaper Dagens Nyheter recently, he failed. ‘Housewives,’ he explained, ‘are a near-extinct species in Sweden. And the few who still do exist don’t really dare to go public with it.’ … In Sweden the demise of the housewife is striking. Fathers share parental leave, kindergartens are heavily subsidized, and the universal breadwinner model is quite deeply entrenched — from the workplace to popular culture.”
- Posted: 07/26/2010
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- Category: Global: Marriage and Family
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- Source: www.nytimes.com
- Tags: Category: Global, Country: Norway, Country: Sweden, Global: Marriage and Family, Topic: Culture, Topic: Economics
“There are just a few voices warning of the coming challenges and opportunities of the developing crisis over human dignity as the diesel engine of human genetic technology gains momentum and steam. Some fear it may already be beyond the point of no return . . . ”
- Posted: 07/26/2010
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- Category: Featured
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- Source: action.afa.net
- Tags: Category: Sanctity of Life, Topic: Bioethics
Farrah Ahmed, The Value of Faith (July 24, 2010). Religion, State & Society, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1648149
“Commentators on religious freedom disagree on the rationale for its protection. This question of why we protect religious freedom is important because it influences the manner and scope of the protection of religious freedom by the state. The legal philosopher Timothy Macklem argues, in line with some fideistic approaches to the study of religion, that the value of ‘faith’ – of belief without reason to believe – justifies the protection of religious freedom. This paper offers a critique of Macklem’s account. It argues that this account is inconsistent with a correct view of the nature of reasons, that it over-estimates the circumstances in which faith is valuable, that it fails to adequately consider the connections between faith and false beliefs and that its conclusions imply a much weaker protection of religious freedom than is common in liberal states. This paper also indicates aspects of faith that are valuable, beyond those discussed by Macklem. It is hoped that it will contribute to the debate on the value of faith as well as the broader debate on the justification of religious freedom.”
- Posted: 07/26/2010
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- Category: Religious Freedom
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- Source: ssrn.com
- Tags: Category: Religious Freedom, Topic: Legal Periodicals
Ronald R. Garet, To Secure the Blessings (July 19, 2010). USC Law Legal Studies Paper No. 10-11. Available at SSRN: http://ssrn.com/abstract=1645526
“The Constitution’s Preamble states, in part: ‘We the people of the United States, in order to… secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.’ While the word ‘blessings’ in this context might mean simply benefits, it might have a more specifically ethical and dispositional meaning, such as benefits for which we should be grateful. Those who favor an evangelical reading of the Constitution might further specify the ethical and dispositional meaning, so that ‘blessings’ recalls God’s promise to Abraham and Israel and the relationship that this promise initiates. On this evangelical reading, the Preamble’s aspiration to blessings fits within a familiar Biblical warrant for American exceptionalism.”
- Posted: 07/26/2010
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- Category: Religious Freedom
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- Source: ssrn.com
- Tags: Category: Religious Freedom, Topic: History, Topic: Jurisprudence, Topic: Legal Periodicals
Asim Jusic, Legal Regulation of Non-Mainstream Religious Groups: Perspectives from Economics and Social Psychology (July 19, 2010). IWM Junior Visiting Fellows’ Conferences, Vol. XXVIII, 2010. Available at SSRN: http://ssrn.com/abstract=1645306
“The major claim of this work is that the contemporary systems for regulating religious groups judge all ‘non-mainstream’ religious groups by assessing them according to their relative status in the social strata of a given society. The judgment on the status of a given religious group is based on its potential for ‘disloyalty’ to the state and the perceived social distance of a given group from what is legally constructed as the ‘mainstream’. The ‘status judgment’ is based of the three major functions of religious groups posited in the theory of religious groups I construct. It is assumed, hence, that the legal evaluation of ‘disloyalty’ potential and social distance is constructed and structured around the decision-makers perception of group cooperation, credibility-enhancing and boundary sustaining mechanisms of a given religious group under scrutiny. These asssesment serves as proxies for assessing the (un)acceptability of emotions, beliefs and identities that precede them, leading to positive or (more frequently) negative legal decision.”
- Posted: 07/26/2010
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- Category: Religious Freedom
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- Source: ssrn.com
- Tags: Category: Religious Freedom, Topic: Legal Periodicals
Alexander Tsesis, Preserving Tolerance While Remaining True to the First Amendment (July 6, 2010). Loyola University Chicago School of Law Research Paper No. 2010-008. Available at SSRN: http://ssrn.com/abstract=1647283
“In the face of mounting campus anti-Semitic incidents in the U.S., college and university administrators are left with the quandary of how to prevent anti-social behavior without running afoul of the First Amendment protections of free speech. The Supreme Court’s recent decision in Virginia v. Black, opens a door to resolving that dilemma. Free speech has never been considered an absolute right, with multiple laws from copyright, to defamation, and trademark laws providing examples of permissible limitations on expression. Likewise fighting words can be prohibited both at universities and other public places.”
- Posted: 07/26/2010
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- Category: Religious Freedom
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- Source: ssrn.com
- Tags: Category: Religious Freedom, Topic: Education, Topic: Islam, Topic: Legal Periodicals
The Hill carries this discussion by B. Daniel Blatt and Pam Spaulding introduced as follows: “The Hill invites two established bloggers from either side of the political spectrum to sound off on a designated topic in original commentary each Saturday. This week, prominent gay bloggers on the left and the right were asked if gay-rights issues are being adequately addressed by the Obama administration and this Congress . . . ”
- Posted: 07/26/2010
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- Category: Marriage & Family
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- Source: thehill.com
- Tags: Category: Marriage and Family, Topic: Homosexual Agenda, Topic: Marriage
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