Article Abstract:
The US Supreme Court, in recent cases involving the Establishment clause of the Constitution, has allowed communities more leeway in determining what constitutes government endorsement of a religion than under the Lemon test used in the past. Justice Sandra Day O'Connor has expressed concern that communities must not show endorsement or disapproval through the symbols they display, but the recent decisions have encouraged religious groups to seek legal exemptions and government aid through political action, arguing that the symbols have secular meaning and do no harm to minority religious groups.
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Article Abstract:
The struggle for reproductive rights and its constitutional grounding in the right of privacy stems from a rich, though overlooked, line of history and tradition originating in slaves' struggle for equality and continuing into families' struggle for autonomy and freedom. Though constitutional decisions are viewed as pristine legal pronouncements, constitutional interpretation and protection of rights is informed by and reflects stories of resistance to government interference in family life. Seeing family privacy rights as grounded in American history and tradition may de-politicize abortion.
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Article Abstract:
The Thirteenth Amendment has been largely overlooked as a potentially powerful basis for human rights and freedom rights legal action, and scholars and advocates should consider using it more actively. The amendment is known for having outlawed slavery, but it is also applicable whenever freedom is being abridged. Contemporary uses could include defending the constitutionality of hate speech and hate crime legislation as well as protection of free speech and reproductive rights.
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