| christian legal society v martinez: Feeling Like a State Davina Cooper, 2019-09-06 A transformative progressive politics requires the state's reimagining. But how should the state be reimagined, and what can invigorate this process? In Feeling Like a State, Davina Cooper explores the unexpected contribution a legal drama of withdrawal might make to conceptualizing a more socially just, participative state. In recent years, as gay rights have expanded, some conservative Christians—from charities to guesthouse owners and county clerks—have denied people inclusion, goods, and services because of their sexuality. In turn, liberal public bodies have withdrawn contracts, subsidies, and career progression from withholding conservative Christians. Cooper takes up the discourses and practices expressed in this legal conflict to animate and support an account of the state as heterogeneous, plural, and erotic. Arguing for the urgent need to put new imaginative forms into practice, Cooper examines how dissident and experimental institutional thinking materialize as people assert a democratic readiness to recraft the state. |
| christian legal society v martinez: Why Associations Matter Luke C. Sheahan, 2020-02-26 First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university’s policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it. Sheahan’s argument centers upon what he calls the “First Amendment Dichotomy” in the Court’s theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis. Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society. |
| christian legal society v martinez: Pluralism and Freedom Stephen V. Monsma, 2012 Faith-based organizations play a major role in providing a host of health, educational, and social services to the public. Nearly all these efforts, however, have been accompanied by intense debate and numerous legal challenges. The right of faith-based organizations to hire based on religion, the presence of religious symbols and icons in rooms where government-subsidized services are provided, and the enforcement of gay civil rights to which some faith-based organizations object all continue to be subjects of intense debate and numerous court cases. In Pluralism and Freedom, Stephen V. Monsma explores the question of how much autonomy should faith-based organizations retain when they enter the public realm? He contends that pluralism and freedom demand their religious freedom be respected, but that freedom of all religious traditions and of the general public and secular groups be equally respected, ideals that neither the left nor the right live up to. In response, Monsma argues that democratic pluralism requires a genuine, authentic--but also a limited--autonomy for faith-based organizations providing public services, and offers practical, concrete public policy applications of this framework in practice. |
| christian legal society v martinez: Constitutional Law Erwin Chemerinsky, 2023-11-28 A leading text by a prominent scholar, Constitutional Law is known for its concise, comprehensive, and student-friendly presentation. Professor Chemerinsky's frame of reference coupled with rich background information make the law more readily understood. Influenced by 40+ years of teaching, Constitutional Law is dedicated to students who have consistently expressed a preference for straightforward and accessible content. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. A complete Teacher’s Manual and Annual Case Supplement round out this acclaimed text. New to the Seventh Edition: Constitutional law has dramatically changed in the last few years. Changes in the law have required revisions throughout, creating a significantly different book than its predecessors. Since the sixth edition the Supreme Court has Overruled of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization Expanded Second Amendment rights in New York State Rifle and Pistol Association v. Bruen Effectively eliminated affirmative action in Students for Fair Admission v. University of North Carolina and Students for Fair Admission v. Harvard University Changed the law concerning the religion clauses of the First Amendment in cases such as Kennedy v. Bremerton School District, Carson v. Makin, and Fulton v. City of Philadelphia In addition to the revisions necessitated by these updates to the law, the book has been carefully and thoroughly edited. A new design has been adopted to make navigating notes and cases more straightforward. The overall approach of the book remains the same providing professors and students with: Focus on three types of material: major cases, heavily edited secondary cases, and essays Essays that provide context with historical background, development of the law in areas cases are not directly presented, and summaries of scholarly debates Straightforward, accessible prose Flexible organization Cases and materials edited to be as ideologically neutral as possible |
| christian legal society v martinez: The Dismantling of Moral Education Perry L. Glanzer, 2022-02-20 American educators have consistently splintered our humanity into pieces throughout higher education’s history. Although key leaders of America’s colonial colleges shared a common functional understanding of humans as made in God’s image with a robust but vulnerable moral conscience, latter moral philosophers did not build upon that foundation. Instead, they turned to shards of our identity to help students find their moral bearings. They sought to create ladies and gentlemen, honorable students, and finally, good professionals. As a result, fragmentation ensued as university leaders pitted these identity fragments against each other inciting a war of attrition. As the war of identities raged, its effects spilled out beyond the bounds of the curriculum into the co-curricular dimension that struggled with moving beyond being en loco parentis. The major identity they cultivated was that of being a political citizen. Thus, the major identity and story of students’ lives became the American political story of democracy—what I call Meta-Democracy. In higher education guided by Meta-Democracy, students lose their autonomy to administrators who reduce the student identities they try to develop along with the range of virtues that comprise the good life. The Dismantling of Moral Education: How Higher Education Reduced the Human Identity explains why and how we arrived at diminishing ourselves. |
| christian legal society v martinez: Constitutional Law Steven D. Jamar, 2017-02-28 Constitutional Law: Power, Liberty, Equality presents most of the constitutional law cases generally considered canonical and, with one important exception, follows the tried and true organizational means widely used in constitutional law texts of dividing chapters and sections are along subject matter lines such as the Commerce Clause, equal protection, freedom of expression, and so on. Nonetheless, this book differs from other constitutional law textbooks in important ways. The text introduces cases by providing contextual information and by explicitly articulating much of the black letter law being introduced. Under this structure the cases provide the student with the opportunity to more easily see the difference between the doctrine per se and how it is actually developed and used by the Court. Cases become examples of the rules being applied and vehicles for deeper exploration of broader principles and themes. |
| christian legal society v martinez: The Secular State Under Siege Christian Joppke, 2015-04-22 Throughout human history, religion and politics have entertained the most intimate of connections as systems of authority regulating individuals and society. While the two have come apart through the process of secularization, secularism is challenged today by the return of public religion. This cogent analysis unravels the nature of the connection, disconnection, and attempted reconnection between religion and politics in the West. In a comparison of Western Europe and North America, Christianity and Islam, Joppke advances far-reaching theoretical, historical, and comparative-political arguments. With respect to theory, it is argued that only a “substantive” concept of religion, as pertaining to the existence of supra-human powers, opens up the possibility of a historical-comparative perspective on religion. At the level of history, secularization is shown to be the distinct outcome of Latin Christianity itself. And at the level of comparative politics, the Christian Right in America which has attacked the “wall of separation” between religion and state and Islam in Europe with the controversial insistence on sharia law and other “illiberal” claims from some quarters are taken to be counterpart incarnations of public religion and challenges to the secular state. This clearly argued, sweeping book will provide an invaluable framework for approaching an array of critical issues at the intersection of religion, law and politics for advanced students and researchers across the social sciences and legal studies, as well as for the interested public. |
| christian legal society v martinez: Cato Supreme Court Review, 2009-2010 Ilya Shapiro, 2010-10 Intro -- Contents -- Foreword -- Introduction -- The Ninth Amendment in Light of Text and History -- Citizens United v. Federal Election Commission: Precisely What WRTL Sought to Avoid -- United States v. Stevens: Restricting Two Major Rationales for Content-Based Speech Restrictions -- Church and State at the Crossroads: Christian Legal Society v. Martinez -- Doe v. Reed and the Future of Disclosure Requirements -- The Tell-Tale Privileges or Immunities Clause -- The Degradation of the Void for Vagueness Doctrine: Reversing Convictions While Saving the Unfathomable Honest Services Fraud Statute -- Taking Stock of Comstock: The Necessary and Proper Clause and the Limits of Federal Power -- Free Enterprise Fund v. PCAOB: Narrow Separation-of-Powers Ruling Illustrates That the Supreme Court Is Not Pro-Business--Federal Misgovernance of Mutual Funds -- Forward to the Past -- Antitrust Formalism Is Dead! Long Live Antitrust Formalism! Some Implications of American Needle v. NFL -- Looking Ahead: October Term 2010 -- Contributors -- About Cato |
| christian legal society v martinez: Table Talk John Witte, Jr., 2023-09-04 Table talks have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, leading law and religion scholar John Witte offers thirty sage reflections on how to thrive in law school and in the legal profession; short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth doing, history worth reading, and Scripture worth heeding. They aim to provide inspiration and edification for readers at different stages of their lives. |
| christian legal society v martinez: Legal Responses to Religious Practices in the United States Austin Sarat, 2012-09-10 This book questions what practices constitute a religious activity such that it cannot be supported or funded by government. It examines the history of accommodating laws when there is tension between respecting religious freedom and maintaining First Amendment requirements that government be neutral. |
| christian legal society v martinez: The Law of Higher Education, 2 Volume Set William A. Kaplin, Barbara A. Lee, 2013-07-25 Make sure you have a copy on your bookshelf. The Law of Higher Education, Fifth Edition, is the most up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material, including those related to: Hate speech and free speech rights of faculty in public universities Sharing of research with international colleagues Intellectual property and peer-to-peer file sharing Student suicide Campus safety Police and administrators’ right to search students’ residence hall rooms Governmental support for religious institutions and religious autonomy rights of individual public institutions Collective bargaining and antidiscrimination laws Nondiscrimination and affirmative action in employment, admissions, and financial aid Family and Medical Leave Act and workers’ compensation FERPA (Family Educational Rights and Privacy Act) |
| christian legal society v martinez: The Silencing of the Lambs Michael L. Brown, 2022 Conservative Christians in the United States today are feeling the fire thrown at them by liberal influencers who are pressuring Americans to pick up a left-wing agenda and abandon biblical values. Now is not the time for the church to stay quiet on the issues that will determine America's future. This is the moment for the church to reject the left's muzzle and turn the tide for this nation--Dust jacket flap. |
| christian legal society v martinez: First Amendment Protections on Public College and University Campuses United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice, 2015 |
| christian legal society v martinez: Liberty's Refuge John D. Inazu, 2012-01-24 This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association' undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition. |
| christian legal society v martinez: Evangelical America Timothy J. Demy, Paul R. Shockley Ph.D., 2017-09-21 An essential new reference work for students and general readers interested in the history, dynamics, and influence of evangelicalism in recent American history, politics, and culture. What makes evangelical or born-again Christians different from those who identify themselves more simply as Christian? What percentage of Americans believe in the Rapture? How are evangelicalism and Baptism similar? What is the influence of evangelical religions on U.S. politics? Readers of Evangelical America: An Encyclopedia of Contemporary American Religious Culture will learn the answers to these questions and many more through this single-volume work's coverage of the many dimensions of and diversity within evangelicalism and through its documentation of the specific contributions evangelicals have made in American society and culture. It also illustrates the Evangelical movement's influence internationally in key issues such as human rights, environmentalism, and gender and sexuality. |
| christian legal society v martinez: The First Amendment and LGBT Equality Carlos A. Ball, 2017-03-27 Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement. Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories. Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place. |
| christian legal society v martinez: Gay Priori Libby Adler, 2018-03-29 Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community. |
| christian legal society v martinez: Institutionalizing Rights and Religion Leora Batnitzky, Hanoch Dagan, 2017-03-23 This book examines the institutional relationship between religions, political regimes, and human rights. |
| christian legal society v martinez: Commerce, Justice, Science, and Related Agencies Appropriations for 2015 United States. Congress. House. Committee on Appropriations. Subcommittee on Commerce, Justice, Science, and Related Agencies, 2014 |
| christian legal society v martinez: Education Law Michael Imber, Tyll van Geel, J. C. Blokhuis, Jonathan Feldman, 2013-10-08 Education Law, 5th Edition is organized around the belief that students need to read court cases to understand the subtlety and richness of the law, but for legal neophytes, cases without discussion and interpretation are often too difficult to comprehend. This textbook provides a comprehensive survey of the legal problems and issues that confront school administrators and policymakers today. Thus, the text balances an explanation of the important principles of education law, with actual court decisions to illuminate these concepts. The court decisions are carefully edited to highlight issues most relevant to administrators, and each chapter explores implications for policy and practice. This new edition features additional content on bullying, student privacy, free speech rights, teacher evaluation, collective bargaining, and issues relating to Internet and technology as well as revised materials dealing with education policy and updating of references and case law throughout. A companion website with materials for students and instructors, including links to full cases, a glossary of key concepts, and discussion questions to help students further engage with the content. |
| christian legal society v martinez: The Heritage Guide to the Constitution David F. Forte, Matthew Spalding, 2014-09-15 A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation. |
| christian legal society v martinez: Advancing Equity and Diversity in Student Affairs Jerlando F. L. Jackson, LaVar J. Charleston, Cornelius Gilbert, 2017-03-01 This Festschrift has a dual purpose: (a) highlight how student affairs has grown as a field of practice in response to the growth of student diversity on college campuses, and (b) honor the remarkable career of Melvin C. Terrell. As one of the unique contributions to higher education attributed to the United States, the practice of student affairs has played a significant role in supporting students as access to college has broadened. In turn, key principles of practice had to evolve to appropriately take into consideration diverse student development theory and needs. The span of Melvin C. Terrell’s legendary accomplishments neatly aligned with the professional evolution of student affairs. Each of the chapters in this Festschrift artfully straddle the dual purpose of this volume. Researchers, practitioners, and key decision?makers will equally be empowered to employ the lessons and approaches informed by the evolution of student affairs over the past 30 years. - Presents cutting edge and thought?provoking chapters on the evolution of student affairs practice shaped by the diversification of the student body and practitioners - Contributions from some of the best minds and practitioners in the field - Includes curated chapters that capture advancements in student affairs practice informed by equity and diversity, while honoring the unique contribution of Melvin C. Terrell to the field |
| christian legal society v martinez: Within These Gates Jack Thomas, 2015-04-17 Within These Gates: Academic Work, Academic Leadership, University Life, and the Presidency examines the varied interactions between college and university presidents and their campus and local communities, alumni, governing bodies, external forces that impact higher education, federal and state government entities, and other stakeholders. The text offers a broad view of modern postsecondary institutions while focusing on leadership from a contemporary perspective and combines practical knowledge and theoretical frameworks for leadership models in higher education. Thomas’s personal narratives coupled with relevant professional experiences provide a cogent map for emerging and career scholars seeking college or university presidency or other senior-level positions. The subject matter ranges from academic structures in colleges and universities to managing institutional budgets, shared-governance models, student support, faculty development, facilities management, and fundraising. Thomas places an emphasis on the importance of leadership styles, the various patterns of organizational governance, and principles that are associated with the administration of higher education institutions. |
| christian legal society v martinez: The Oxford Handbook of Religion and American Education Michael D. Waggoner, Nathan C. Walker, 2018-08-01 From the founding of Harvard College in 1636 as a mission for training young clergy to the landmark 1968 Supreme Court decision in Epperson v. Arkansas, which struck down the state's ban on teaching evolution in schools, religion and education in the United States have been inextricably linked. Still today new fights emerge over the rights and limitations of religion in the classroom. The Oxford Handbook of Religion and American Education brings together preeminent scholars from the fields of religion, education, law, and political science to craft a comprehensive survey and assessment of the study of religion and education in the United States. The essays in the first part develop six distinct conceptual lenses through which to view American education, including Privatism, Secularism, Pluralism, Religious Literacy, Religious Liberty, and Democracy. The following four parts expand on these concepts in a diverse range of educational frames: public schools, faith-based K-12 education, higher education, and lifespan faith development. Designed for a diverse and interdisciplinary audience, this addition to the Oxford Handbook series sets for itself a broad goal of understanding the place of religion and education in a modern democracy. |
| christian legal society v martinez: Fear and the First Amendment Kevin A. Johnson, Craig R. Smith, 2024 A whole host of fears may motivate calls to restrict First Amendment rights, prioritizing one fear over another. Fear and the First Amendment unveils these negotiations of various fears and related protections as they appear in the contemporary Supreme Court, showing that fear is significant and rhetorical in First Amendment conflicts-- |
| christian legal society v martinez: Encyclopedia of American Civil Rights and Liberties [4 volumes] Kara E. Stooksbury, John M. Scheb II, Otis H. Stephens Jr., 2017-09-21 Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. This revised and expanded four-volume encyclopedia is unequaled for both the depth and breadth of its coverage. Some 650 entries address the full range of civil rights and liberties in America from the Colonial Era to the present. In addition to many updates of material from the first edition, the work offers 75 new entries about recent issues and events; among them, dozens of topics that are the subject of close scrutiny and heated debate in America today. There is coverage of controversial issues such as voter ID laws, the use of drones, transgender issues, immigration, human rights, and government surveillance. There is also expanded coverage of women's rights, gay rights/gay marriage, and Native American rights. Entries are enhanced by 42 primary documents that have shaped modern understanding of the extent and limitations of civil liberties in the United States, including landmark statutes, speeches, essays, court decisions, and founding documents of influential civil rights organizations. Designed as an up-to-date reference for students, scholars, and others interested in the expansive array of topics covered, the work will broaden readers' understanding of—and appreciation for—the people and events that secured civil rights guarantees and concepts in this country. At the same time, it will help readers better grasp the reasoning behind and ramifications of 21st-century developments like changing applications of Miranda Rights and government access to private Internet data. Maintaining an impartial stance throughout, the entries objectively explain the varied perspectives on these hot-button issues, allowing readers to draw their own conclusions. |
| christian legal society v martinez: Free Speech and Intellectual Diversity in Higher Education James Stoner, Paul Carrese, Carol McNamara, 2023-06-19 The essays in Free Speech and Intellectual Diversity in Higher Education reflect diverse perspectives on one of the most pressing issues in higher education--the controversies over freedom of speech and its relation to intellectual diversity. Does the First Amendment apply on campuses and do its principles clarify or obscure the issues surrounding campus speech? What, after all, is the basis for those principles, and how do they relate to the purposes of the university? Is free speech truly effective without a diversity of perspectives, and to what extent is such diversity found at universities today? Does free speech discourage the inclusion of minorities or previously excluded groups? Are there specific policies that can address the issue of free speech on campuses today in ways that are fair to all parties and to the interests at stake? |
| christian legal society v martinez: Confident Pluralism John D. Inazu, 2018-08-03 In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience. |
| christian legal society v martinez: Knowledge in the Making Joan DelFattore, 2010-10-26 How free are students and teachers to express unpopular ideas in public schools and universities? Not free enough, Joan DelFattore suggests. Wading without hesitation into some of the most contentious issues of our times, she investigates battles over a wide range of topics that have fractured school and university communities—homosexuality-themed children's books, research on race-based intelligence, the teaching of evolution, the regulation of hate speech, and more—and with her usual evenhanded approach offers insights supported by theory and by practical expertise. Two key questions arise: What ideas should schools and universities teach? And what rights do teachers and students have to disagree with those ideas? The answers are not the same for K–12 schools as they are for public universities. But far from drawing a bright line between them, DelFattore suggests that we must consider public education as a whole to determine how—and how successfully—it deals with conflicting views. When expert opinion clashes with popular belief, which should prevail? How much independence should K–12 teachers have? How do we foster the cutting-edge research that makes America a world leader in higher education? What are the free-speech rights of students? This uniquely accessible and balanced discussion deserves the full attention of everyone concerned with academic goals and agendas in our schools. |
| christian legal society v martinez: Suing Alma Mater Michael A. Olivas, 2013-07 Suing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today. |
| christian legal society v martinez: Law and Theology David W. Opderbeck, 2019-11-05 Law and Theology offers the definitive account of the relationship between law and theology in the Christian tradition. Drawing on diverse biblical texts and classic authors from the early church to contemporary voices from the modern period, David W. Opderbeck examines key legal questions and controversial case studies from an interdisciplinary perspective, breaking new ground for legal scholars and theologians alike. As a law professor, practicing attorney, and theologian, Opderbeck writes as an insider from both disciplines. This unique look brings fresh insight for both fields in a context where questions of theology and law are especially relevant--and increasingly urgent. Going beyond the culture wars, Opderbeck brings these real-world cases to life, examining the ins and outs of the most important legal questions facing American civic and religious life. Scholars and students of law and theology will find this book to be required reading in and outside the legal and theological classrooms. |
| christian legal society v martinez: Constitutional Law: Cases in Context, Fourth Edition; Constitutional Rights: Cases in Context, Fourth Edition; Constitutional Structure: Cases in Context, Fourth Edition Randy E. Barnett, Josh Blackman, 2022-08-29 The 2022 Supplement contains excerpts from cases decided during the October 2021 Term. New to the 2022 Edition: City of Austin, Texas v. Reagan National Advertising of Austin, LLC Shurtleff v. Boston United States v. Jose Luis Vaello Madero New York State Rifle & Pistol Association Inc v. Bruen Dobbs v. Jackson Women's Health Organization Kennedy v. Bremerton School District |
| christian legal society v martinez: Student Clashes on Campus Jeffrey C. Sun, George S. McClellan, 2019-10-02 This book unpacks the tension between free speech and the social justice priority to support all students. Drawing on court cases, institutional policies and procedures, and notable campus practices, this book answers the question: How do campus leaders develop interests of social justice and create a campus that is inclusive and inviting of all identities while also respecting students’ free speech rights? This useful guide provides insights about the myriad of challenges that campus leaders have faced, along with practical approaches to address these issues on their own campuses. Experts Sun and McClellan interrogate the assumptions, thoughts, events, rules, and actions often at-play when free expression clashes with a college’s mission of diversity, inclusion, and social justice. This book helpfully guides campus leaders to consider a series of legal frameworks and promising policies as solutions for balancing social justice and free speech. |
| christian legal society v martinez: Religious Liberty and the American Supreme Court Vincent Phillip Munoz, 2013-07-18 Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Supreme Court will be an indispensable resource for anyone interested matters of religious freedom from the Republics earliest days to current debates. |
| christian legal society v martinez: First Amendment Rights [2 volumes] Nancy S. Lind, Erik T. Rankin, 2012-11-21 This two-volume work addresses every key, cutting-edge issue regarding the First Amendment, including subjects such as freedom of religion, freedom of press, freedom of speech, and freedom of organization. First Amendment Rights: An Encyclopedia provides both historical information and current, 21st-century topics in First Amendment issues. Volume 1 addresses the subject through the lens of past decisions and precedent, updated to include controversies between new social media and civil liberties. Volume 2 examines the current state of First Amendment rights, addressing the changes in interpretations of the First Amendment by the Roberts Court as well as in-vogue issues such as Occupy Movements as well as student rights and responsibilities in freedom of religion and speech cases. Key cases are highlighted throughout the text to further comprehension of the underlying issues and subtle complexities. The information is presented so that readers can examine cases in the Roberts court and draw their own conclusions. Coverage is also provided of the challenges and opportunities that arise with the adoption of new technologies and their impact on the interpretations of the First Amendment. |
| christian legal society v martinez: The Nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United States United States. Congress. Senate. Committee on the Judiciary, 2010 |
| christian legal society v martinez: The Praeger Handbook of Faith-Based Schools in the United States, K–12 Thomas C. Hunt, James C. Carper, 2012-08-06 Exploring a subject that is as important as it is divisive, this two-volume work offers the first current, definitive work on the intricacies and issues relative to America's faith-based schools. The Praeger Handbook of Faith-Based Schools in the United States, K–12 is an indispensable study at a time when American education is increasingly considered through the lenses of race, ethnicity, gender, and social class. With contributions from an impressive array of experts, the two-volume work provides a historical overview of faith-based schooling in the United States, as well as a comprehensive treatment of each current faith-based school tradition in the nation. The first volume examines three types of faith-based schools—Protestant schools, Jewish schools, and Evangelical Protestant homeschooling. The second volume focuses on Catholic, Muslim, and Orthodox schools, and addresses critical issues common to faith-based schools, among them state and federal regulation and school choice, as well as ethnic, cultural, confessional, and practical factors. Perhaps most importantly for those concerned with the questions and controversies that abound in U.S. education, the handbook grapples with outcomes of faith-based schooling and with the choices parents face as they consider educational options for their children. |
| christian legal society v martinez: When the State Speaks, What Should It Say? Corey Brettschneider, 2012-07-22 How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action--expressive and coercive--Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens. |
| christian legal society v martinez: Politics According to the Bible Wayne A. Grudem, 2010 A comprehensive political philosophy, arguing for Christian involvement based on biblical teachings and a Christian worldview. --from publisher description. |
| christian legal society v martinez: Unlearning Liberty Greg Lukianoff, 2014-03-11 For over a generation, shocking cases of censorship at America’s colleges and universities have taught students the wrong lessons about living in a free society. Drawing on a decade of experience battling for freedom of speech on campus, First Amendment lawyer Greg Lukianoff reveals how higher education fails to teach students to become critical thinkers: by stifling open debate, our campuses are supercharging ideological divisions, promoting groupthink, and encouraging an unscholarly certainty about complex issues. Lukianoff walks readers through the life of a modern-day college student, from orientation to the end of freshman year. Through this lens, he describes startling violations of free speech rights: a student in Indiana punished for publicly reading a book, a student in Georgia expelled for a pro-environment collage he posted on Facebook, students at Yale banned from putting an F. Scott Fitzgerald quote on a T shirt, and students across the country corralled into tiny “free speech zones” when they wanted to express their views. But Lukianoff goes further, demonstrating how this culture of censorship is bleeding into the larger society. As he explores public controversies involving Juan Williams, Rush Limbaugh, Bill Maher, Richard Dawkins, Larry Summers—even Dave Barry and Jon Stewart—Lukianoff paints a stark picture of our ability as a nation to discuss important issues rationally. Unlearning Liberty: Campus Censorship and the End of American Debate illuminates how intolerance for dissent and debate on today’s campus threatens the freedom of every citizen and makes us all just a little bit dumber. |
| christian legal society v. martinez: Feeling Like a State Davina Cooper, 2019-09-06 A transformative progressive politics requires the state's reimagining. But how should the state be reimagined, and what can invigorate this process? In Feeling Like a State, Davina Cooper explores the unexpected contribution a legal drama of withdrawal might make to conceptualizing a more socially just, participative state. In recent years, as gay rights have expanded, some conservative Christians—from charities to guesthouse owners and county clerks—have denied people inclusion, goods, and services because of their sexuality. In turn, liberal public bodies have withdrawn contracts, subsidies, and career progression from withholding conservative Christians. Cooper takes up the discourses and practices expressed in this legal conflict to animate and support an account of the state as heterogeneous, plural, and erotic. Arguing for the urgent need to put new imaginative forms into practice, Cooper examines how dissident and experimental institutional thinking materialize as people assert a democratic readiness to recraft the state. |
| christian legal society v. martinez: Why Associations Matter Luke C. Sheahan, 2020-02-26 First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university’s policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it. Sheahan’s argument centers upon what he calls the “First Amendment Dichotomy” in the Court’s theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis. Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society. |
| christian legal society v. martinez: Pluralism and Freedom Stephen V. Monsma, 2012 Faith-based organizations play a major role in providing a host of health, educational, and social services to the public. Nearly all these efforts, however, have been accompanied by intense debate and numerous legal challenges. The right of faith-based organizations to hire based on religion, the presence of religious symbols and icons in rooms where government-subsidized services are provided, and the enforcement of gay civil rights to which some faith-based organizations object all continue to be subjects of intense debate and numerous court cases. In Pluralism and Freedom, Stephen V. Monsma explores the question of how much autonomy should faith-based organizations retain when they enter the public realm? He contends that pluralism and freedom demand their religious freedom be respected, but that freedom of all religious traditions and of the general public and secular groups be equally respected, ideals that neither the left nor the right live up to. In response, Monsma argues that democratic pluralism requires a genuine, authentic--but also a limited--autonomy for faith-based organizations providing public services, and offers practical, concrete public policy applications of this framework in practice. |
| christian legal society v. martinez: Constitutional Law Erwin Chemerinsky, 2023-11-28 A leading text by a prominent scholar, Constitutional Law is known for its concise, comprehensive, and student-friendly presentation. Professor Chemerinsky's frame of reference coupled with rich background information make the law more readily understood. Influenced by 40+ years of teaching, Constitutional Law is dedicated to students who have consistently expressed a preference for straightforward and accessible content. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. A complete Teacher’s Manual and Annual Case Supplement round out this acclaimed text. New to the Seventh Edition: Constitutional law has dramatically changed in the last few years. Changes in the law have required revisions throughout, creating a significantly different book than its predecessors. Since the sixth edition the Supreme Court has Overruled of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization Expanded Second Amendment rights in New York State Rifle and Pistol Association v. Bruen Effectively eliminated affirmative action in Students for Fair Admission v. University of North Carolina and Students for Fair Admission v. Harvard University Changed the law concerning the religion clauses of the First Amendment in cases such as Kennedy v. Bremerton School District, Carson v. Makin, and Fulton v. City of Philadelphia In addition to the revisions necessitated by these updates to the law, the book has been carefully and thoroughly edited. A new design has been adopted to make navigating notes and cases more straightforward. The overall approach of the book remains the same providing professors and students with: Focus on three types of material: major cases, heavily edited secondary cases, and essays Essays that provide context with historical background, development of the law in areas cases are not directly presented, and summaries of scholarly debates Straightforward, accessible prose Flexible organization Cases and materials edited to be as ideologically neutral as possible |
| christian legal society v. martinez: The Dismantling of Moral Education Perry L. Glanzer, 2022-02-20 American educators have consistently splintered our humanity into pieces throughout higher education’s history. Although key leaders of America’s colonial colleges shared a common functional understanding of humans as made in God’s image with a robust but vulnerable moral conscience, latter moral philosophers did not build upon that foundation. Instead, they turned to shards of our identity to help students find their moral bearings. They sought to create ladies and gentlemen, honorable students, and finally, good professionals. As a result, fragmentation ensued as university leaders pitted these identity fragments against each other inciting a war of attrition. As the war of identities raged, its effects spilled out beyond the bounds of the curriculum into the co-curricular dimension that struggled with moving beyond being en loco parentis. The major identity they cultivated was that of being a political citizen. Thus, the major identity and story of students’ lives became the American political story of democracy—what I call Meta-Democracy. In higher education guided by Meta-Democracy, students lose their autonomy to administrators who reduce the student identities they try to develop along with the range of virtues that comprise the good life. The Dismantling of Moral Education: How Higher Education Reduced the Human Identity explains why and how we arrived at diminishing ourselves. |
| christian legal society v. martinez: Constitutional Law Steven D. Jamar, 2017-02-28 Constitutional Law: Power, Liberty, Equality presents most of the constitutional law cases generally considered canonical and, with one important exception, follows the tried and true organizational means widely used in constitutional law texts of dividing chapters and sections are along subject matter lines such as the Commerce Clause, equal protection, freedom of expression, and so on. Nonetheless, this book differs from other constitutional law textbooks in important ways. The text introduces cases by providing contextual information and by explicitly articulating much of the black letter law being introduced. Under this structure the cases provide the student with the opportunity to more easily see the difference between the doctrine per se and how it is actually developed and used by the Court. Cases become examples of the rules being applied and vehicles for deeper exploration of broader principles and themes. |
| christian legal society v. martinez: The Secular State Under Siege Christian Joppke, 2015-04-22 Throughout human history, religion and politics have entertained the most intimate of connections as systems of authority regulating individuals and society. While the two have come apart through the process of secularization, secularism is challenged today by the return of public religion. This cogent analysis unravels the nature of the connection, disconnection, and attempted reconnection between religion and politics in the West. In a comparison of Western Europe and North America, Christianity and Islam, Joppke advances far-reaching theoretical, historical, and comparative-political arguments. With respect to theory, it is argued that only a “substantive” concept of religion, as pertaining to the existence of supra-human powers, opens up the possibility of a historical-comparative perspective on religion. At the level of history, secularization is shown to be the distinct outcome of Latin Christianity itself. And at the level of comparative politics, the Christian Right in America which has attacked the “wall of separation” between religion and state and Islam in Europe with the controversial insistence on sharia law and other “illiberal” claims from some quarters are taken to be counterpart incarnations of public religion and challenges to the secular state. This clearly argued, sweeping book will provide an invaluable framework for approaching an array of critical issues at the intersection of religion, law and politics for advanced students and researchers across the social sciences and legal studies, as well as for the interested public. |
| christian legal society v. martinez: Cato Supreme Court Review, 2009-2010 Ilya Shapiro, 2010-10 Intro -- Contents -- Foreword -- Introduction -- The Ninth Amendment in Light of Text and History -- Citizens United v. Federal Election Commission: Precisely What WRTL Sought to Avoid -- United States v. Stevens: Restricting Two Major Rationales for Content-Based Speech Restrictions -- Church and State at the Crossroads: Christian Legal Society v. Martinez -- Doe v. Reed and the Future of Disclosure Requirements -- The Tell-Tale Privileges or Immunities Clause -- The Degradation of the Void for Vagueness Doctrine: Reversing Convictions While Saving the Unfathomable Honest Services Fraud Statute -- Taking Stock of Comstock: The Necessary and Proper Clause and the Limits of Federal Power -- Free Enterprise Fund v. PCAOB: Narrow Separation-of-Powers Ruling Illustrates That the Supreme Court Is Not Pro-Business--Federal Misgovernance of Mutual Funds -- Forward to the Past -- Antitrust Formalism Is Dead! Long Live Antitrust Formalism! Some Implications of American Needle v. NFL -- Looking Ahead: October Term 2010 -- Contributors -- About Cato |
| christian legal society v. martinez: Table Talk John Witte, Jr., 2023-09-04 Table talks have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, leading law and religion scholar John Witte offers thirty sage reflections on how to thrive in law school and in the legal profession; short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth doing, history worth reading, and Scripture worth heeding. They aim to provide inspiration and edification for readers at different stages of their lives. |
| christian legal society v. martinez: Legal Responses to Religious Practices in the United States Austin Sarat, 2012-09-10 This book questions what practices constitute a religious activity such that it cannot be supported or funded by government. It examines the history of accommodating laws when there is tension between respecting religious freedom and maintaining First Amendment requirements that government be neutral. |
| christian legal society v. martinez: The Law of Higher Education, 2 Volume Set William A. Kaplin, Barbara A. Lee, 2013-07-25 Make sure you have a copy on your bookshelf. The Law of Higher Education, Fifth Edition, is the most up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material, including those related to: Hate speech and free speech rights of faculty in public universities Sharing of research with international colleagues Intellectual property and peer-to-peer file sharing Student suicide Campus safety Police and administrators’ right to search students’ residence hall rooms Governmental support for religious institutions and religious autonomy rights of individual public institutions Collective bargaining and antidiscrimination laws Nondiscrimination and affirmative action in employment, admissions, and financial aid Family and Medical Leave Act and workers’ compensation FERPA (Family Educational Rights and Privacy Act) |
| christian legal society v. martinez: The Silencing of the Lambs Michael L. Brown, 2022 Conservative Christians in the United States today are feeling the fire thrown at them by liberal influencers who are pressuring Americans to pick up a left-wing agenda and abandon biblical values. Now is not the time for the church to stay quiet on the issues that will determine America's future. This is the moment for the church to reject the left's muzzle and turn the tide for this nation--Dust jacket flap. |
| christian legal society v. martinez: First Amendment Protections on Public College and University Campuses United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice, 2015 |
| christian legal society v. martinez: Liberty's Refuge John D. Inazu, 2012-01-24 This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association' undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition. |
| christian legal society v. martinez: Evangelical America Timothy J. Demy, Paul R. Shockley Ph.D., 2017-09-21 An essential new reference work for students and general readers interested in the history, dynamics, and influence of evangelicalism in recent American history, politics, and culture. What makes evangelical or born-again Christians different from those who identify themselves more simply as Christian? What percentage of Americans believe in the Rapture? How are evangelicalism and Baptism similar? What is the influence of evangelical religions on U.S. politics? Readers of Evangelical America: An Encyclopedia of Contemporary American Religious Culture will learn the answers to these questions and many more through this single-volume work's coverage of the many dimensions of and diversity within evangelicalism and through its documentation of the specific contributions evangelicals have made in American society and culture. It also illustrates the Evangelical movement's influence internationally in key issues such as human rights, environmentalism, and gender and sexuality. |
| christian legal society v. martinez: The First Amendment and LGBT Equality Carlos A. Ball, 2017-03-27 Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement. Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories. Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place. |
| christian legal society v. martinez: Gay Priori Libby Adler, 2018-03-29 Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community. |
| christian legal society v. martinez: Institutionalizing Rights and Religion Leora Batnitzky, Hanoch Dagan, 2017-03-23 This book examines the institutional relationship between religions, political regimes, and human rights. |
| christian legal society v. martinez: Commerce, Justice, Science, and Related Agencies Appropriations for 2015 United States. Congress. House. Committee on Appropriations. Subcommittee on Commerce, Justice, Science, and Related Agencies, 2014 |
| christian legal society v. martinez: Education Law Michael Imber, Tyll van Geel, J. C. Blokhuis, Jonathan Feldman, 2013-10-08 Education Law, 5th Edition is organized around the belief that students need to read court cases to understand the subtlety and richness of the law, but for legal neophytes, cases without discussion and interpretation are often too difficult to comprehend. This textbook provides a comprehensive survey of the legal problems and issues that confront school administrators and policymakers today. Thus, the text balances an explanation of the important principles of education law, with actual court decisions to illuminate these concepts. The court decisions are carefully edited to highlight issues most relevant to administrators, and each chapter explores implications for policy and practice. This new edition features additional content on bullying, student privacy, free speech rights, teacher evaluation, collective bargaining, and issues relating to Internet and technology as well as revised materials dealing with education policy and updating of references and case law throughout. A companion website with materials for students and instructors, including links to full cases, a glossary of key concepts, and discussion questions to help students further engage with the content. |
| christian legal society v. martinez: The Heritage Guide to the Constitution David F. Forte, Matthew Spalding, 2014-09-15 A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation. |
| christian legal society v. martinez: Advancing Equity and Diversity in Student Affairs Jerlando F. L. Jackson, LaVar J. Charleston, Cornelius Gilbert, 2017-03-01 This Festschrift has a dual purpose: (a) highlight how student affairs has grown as a field of practice in response to the growth of student diversity on college campuses, and (b) honor the remarkable career of Melvin C. Terrell. As one of the unique contributions to higher education attributed to the United States, the practice of student affairs has played a significant role in supporting students as access to college has broadened. In turn, key principles of practice had to evolve to appropriately take into consideration diverse student development theory and needs. The span of Melvin C. Terrell’s legendary accomplishments neatly aligned with the professional evolution of student affairs. Each of the chapters in this Festschrift artfully straddle the dual purpose of this volume. Researchers, practitioners, and key decision?makers will equally be empowered to employ the lessons and approaches informed by the evolution of student affairs over the past 30 years. - Presents cutting edge and thought?provoking chapters on the evolution of student affairs practice shaped by the diversification of the student body and practitioners - Contributions from some of the best minds and practitioners in the field - Includes curated chapters that capture advancements in student affairs practice informed by equity and diversity, while honoring the unique contribution of Melvin C. Terrell to the field |
| christian legal society v. martinez: Within These Gates Jack Thomas, 2015-04-17 Within These Gates: Academic Work, Academic Leadership, University Life, and the Presidency examines the varied interactions between college and university presidents and their campus and local communities, alumni, governing bodies, external forces that impact higher education, federal and state government entities, and other stakeholders. The text offers a broad view of modern postsecondary institutions while focusing on leadership from a contemporary perspective and combines practical knowledge and theoretical frameworks for leadership models in higher education. Thomas’s personal narratives coupled with relevant professional experiences provide a cogent map for emerging and career scholars seeking college or university presidency or other senior-level positions. The subject matter ranges from academic structures in colleges and universities to managing institutional budgets, shared-governance models, student support, faculty development, facilities management, and fundraising. Thomas places an emphasis on the importance of leadership styles, the various patterns of organizational governance, and principles that are associated with the administration of higher education institutions. |
| christian legal society v. martinez: The Oxford Handbook of Religion and American Education Michael D. Waggoner, Nathan C. Walker, 2018-08-01 From the founding of Harvard College in 1636 as a mission for training young clergy to the landmark 1968 Supreme Court decision in Epperson v. Arkansas, which struck down the state's ban on teaching evolution in schools, religion and education in the United States have been inextricably linked. Still today new fights emerge over the rights and limitations of religion in the classroom. The Oxford Handbook of Religion and American Education brings together preeminent scholars from the fields of religion, education, law, and political science to craft a comprehensive survey and assessment of the study of religion and education in the United States. The essays in the first part develop six distinct conceptual lenses through which to view American education, including Privatism, Secularism, Pluralism, Religious Literacy, Religious Liberty, and Democracy. The following four parts expand on these concepts in a diverse range of educational frames: public schools, faith-based K-12 education, higher education, and lifespan faith development. Designed for a diverse and interdisciplinary audience, this addition to the Oxford Handbook series sets for itself a broad goal of understanding the place of religion and education in a modern democracy. |
| christian legal society v. martinez: Fear and the First Amendment Kevin A. Johnson, Craig R. Smith, 2024 A whole host of fears may motivate calls to restrict First Amendment rights, prioritizing one fear over another. Fear and the First Amendment unveils these negotiations of various fears and related protections as they appear in the contemporary Supreme Court, showing that fear is significant and rhetorical in First Amendment conflicts-- |
| christian legal society v. martinez: Encyclopedia of American Civil Rights and Liberties [4 volumes] Kara E. Stooksbury, John M. Scheb II, Otis H. Stephens Jr., 2017-09-21 Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. This revised and expanded four-volume encyclopedia is unequaled for both the depth and breadth of its coverage. Some 650 entries address the full range of civil rights and liberties in America from the Colonial Era to the present. In addition to many updates of material from the first edition, the work offers 75 new entries about recent issues and events; among them, dozens of topics that are the subject of close scrutiny and heated debate in America today. There is coverage of controversial issues such as voter ID laws, the use of drones, transgender issues, immigration, human rights, and government surveillance. There is also expanded coverage of women's rights, gay rights/gay marriage, and Native American rights. Entries are enhanced by 42 primary documents that have shaped modern understanding of the extent and limitations of civil liberties in the United States, including landmark statutes, speeches, essays, court decisions, and founding documents of influential civil rights organizations. Designed as an up-to-date reference for students, scholars, and others interested in the expansive array of topics covered, the work will broaden readers' understanding of—and appreciation for—the people and events that secured civil rights guarantees and concepts in this country. At the same time, it will help readers better grasp the reasoning behind and ramifications of 21st-century developments like changing applications of Miranda Rights and government access to private Internet data. Maintaining an impartial stance throughout, the entries objectively explain the varied perspectives on these hot-button issues, allowing readers to draw their own conclusions. |
| christian legal society v. martinez: Free Speech and Intellectual Diversity in Higher Education James Stoner, Paul Carrese, Carol McNamara, 2023-06-19 The essays in Free Speech and Intellectual Diversity in Higher Education reflect diverse perspectives on one of the most pressing issues in higher education--the controversies over freedom of speech and its relation to intellectual diversity. Does the First Amendment apply on campuses and do its principles clarify or obscure the issues surrounding campus speech? What, after all, is the basis for those principles, and how do they relate to the purposes of the university? Is free speech truly effective without a diversity of perspectives, and to what extent is such diversity found at universities today? Does free speech discourage the inclusion of minorities or previously excluded groups? Are there specific policies that can address the issue of free speech on campuses today in ways that are fair to all parties and to the interests at stake? |
| christian legal society v. martinez: Confident Pluralism John D. Inazu, 2018-08-03 In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience. |
| christian legal society v. martinez: Knowledge in the Making Joan DelFattore, 2010-10-26 How free are students and teachers to express unpopular ideas in public schools and universities? Not free enough, Joan DelFattore suggests. Wading without hesitation into some of the most contentious issues of our times, she investigates battles over a wide range of topics that have fractured school and university communities—homosexuality-themed children's books, research on race-based intelligence, the teaching of evolution, the regulation of hate speech, and more—and with her usual evenhanded approach offers insights supported by theory and by practical expertise. Two key questions arise: What ideas should schools and universities teach? And what rights do teachers and students have to disagree with those ideas? The answers are not the same for K–12 schools as they are for public universities. But far from drawing a bright line between them, DelFattore suggests that we must consider public education as a whole to determine how—and how successfully—it deals with conflicting views. When expert opinion clashes with popular belief, which should prevail? How much independence should K–12 teachers have? How do we foster the cutting-edge research that makes America a world leader in higher education? What are the free-speech rights of students? This uniquely accessible and balanced discussion deserves the full attention of everyone concerned with academic goals and agendas in our schools. |
| christian legal society v. martinez: Suing Alma Mater Michael A. Olivas, 2013-07 Suing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today. |
| christian legal society v. martinez: Law and Theology David W. Opderbeck, 2019-11-05 Law and Theology offers the definitive account of the relationship between law and theology in the Christian tradition. Drawing on diverse biblical texts and classic authors from the early church to contemporary voices from the modern period, David W. Opderbeck examines key legal questions and controversial case studies from an interdisciplinary perspective, breaking new ground for legal scholars and theologians alike. As a law professor, practicing attorney, and theologian, Opderbeck writes as an insider from both disciplines. This unique look brings fresh insight for both fields in a context where questions of theology and law are especially relevant--and increasingly urgent. Going beyond the culture wars, Opderbeck brings these real-world cases to life, examining the ins and outs of the most important legal questions facing American civic and religious life. Scholars and students of law and theology will find this book to be required reading in and outside the legal and theological classrooms. |
| christian legal society v. martinez: Constitutional Law: Cases in Context, Fourth Edition; Constitutional Rights: Cases in Context, Fourth Edition; Constitutional Structure: Cases in Context, Fourth Edition Randy E. Barnett, Josh Blackman, 2022-08-29 The 2022 Supplement contains excerpts from cases decided during the October 2021 Term. New to the 2022 Edition: City of Austin, Texas v. Reagan National Advertising of Austin, LLC Shurtleff v. Boston United States v. Jose Luis Vaello Madero New York State Rifle & Pistol Association Inc v. Bruen Dobbs v. Jackson Women's Health Organization Kennedy v. Bremerton School District |
| christian legal society v. martinez: Student Clashes on Campus Jeffrey C. Sun, George S. McClellan, 2019-10-02 This book unpacks the tension between free speech and the social justice priority to support all students. Drawing on court cases, institutional policies and procedures, and notable campus practices, this book answers the question: How do campus leaders develop interests of social justice and create a campus that is inclusive and inviting of all identities while also respecting students’ free speech rights? This useful guide provides insights about the myriad of challenges that campus leaders have faced, along with practical approaches to address these issues on their own campuses. Experts Sun and McClellan interrogate the assumptions, thoughts, events, rules, and actions often at-play when free expression clashes with a college’s mission of diversity, inclusion, and social justice. This book helpfully guides campus leaders to consider a series of legal frameworks and promising policies as solutions for balancing social justice and free speech. |
| christian legal society v. martinez: Religious Liberty and the American Supreme Court Vincent Phillip Munoz, 2013-07-18 Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Supreme Court will be an indispensable resource for anyone interested matters of religious freedom from the Republics earliest days to current debates. |
| christian legal society v. martinez: First Amendment Rights [2 volumes] Nancy S. Lind, Erik T. Rankin, 2012-11-21 This two-volume work addresses every key, cutting-edge issue regarding the First Amendment, including subjects such as freedom of religion, freedom of press, freedom of speech, and freedom of organization. First Amendment Rights: An Encyclopedia provides both historical information and current, 21st-century topics in First Amendment issues. Volume 1 addresses the subject through the lens of past decisions and precedent, updated to include controversies between new social media and civil liberties. Volume 2 examines the current state of First Amendment rights, addressing the changes in interpretations of the First Amendment by the Roberts Court as well as in-vogue issues such as Occupy Movements as well as student rights and responsibilities in freedom of religion and speech cases. Key cases are highlighted throughout the text to further comprehension of the underlying issues and subtle complexities. The information is presented so that readers can examine cases in the Roberts court and draw their own conclusions. Coverage is also provided of the challenges and opportunities that arise with the adoption of new technologies and their impact on the interpretations of the First Amendment. |
| christian legal society v. martinez: The Nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United States United States. Congress. Senate. Committee on the Judiciary, 2010 |
| christian legal society v. martinez: The Praeger Handbook of Faith-Based Schools in the United States, K–12 Thomas C. Hunt, James C. Carper, 2012-08-06 Exploring a subject that is as important as it is divisive, this two-volume work offers the first current, definitive work on the intricacies and issues relative to America's faith-based schools. The Praeger Handbook of Faith-Based Schools in the United States, K–12 is an indispensable study at a time when American education is increasingly considered through the lenses of race, ethnicity, gender, and social class. With contributions from an impressive array of experts, the two-volume work provides a historical overview of faith-based schooling in the United States, as well as a comprehensive treatment of each current faith-based school tradition in the nation. The first volume examines three types of faith-based schools—Protestant schools, Jewish schools, and Evangelical Protestant homeschooling. The second volume focuses on Catholic, Muslim, and Orthodox schools, and addresses critical issues common to faith-based schools, among them state and federal regulation and school choice, as well as ethnic, cultural, confessional, and practical factors. Perhaps most importantly for those concerned with the questions and controversies that abound in U.S. education, the handbook grapples with outcomes of faith-based schooling and with the choices parents face as they consider educational options for their children. |
| christian legal society v. martinez: When the State Speaks, What Should It Say? Corey Brettschneider, 2012-07-22 How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action--expressive and coercive--Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens. |
| christian legal society v. martinez: Politics According to the Bible Wayne A. Grudem, 2010 A comprehensive political philosophy, arguing for Christian involvement based on biblical teachings and a Christian worldview. --from publisher description. |
| christian legal society v. martinez: Unlearning Liberty Greg Lukianoff, 2014-03-11 For over a generation, shocking cases of censorship at America’s colleges and universities have taught students the wrong lessons about living in a free society. Drawing on a decade of experience battling for freedom of speech on campus, First Amendment lawyer Greg Lukianoff reveals how higher education fails to teach students to become critical thinkers: by stifling open debate, our campuses are supercharging ideological divisions, promoting groupthink, and encouraging an unscholarly certainty about complex issues. Lukianoff walks readers through the life of a modern-day college student, from orientation to the end of freshman year. Through this lens, he describes startling violations of free speech rights: a student in Indiana punished for publicly reading a book, a student in Georgia expelled for a pro-environment collage he posted on Facebook, students at Yale banned from putting an F. Scott Fitzgerald quote on a T shirt, and students across the country corralled into tiny “free speech zones” when they wanted to express their views. But Lukianoff goes further, demonstrating how this culture of censorship is bleeding into the larger society. As he explores public controversies involving Juan Williams, Rush Limbaugh, Bill Maher, Richard Dawkins, Larry Summers—even Dave Barry and Jon Stewart—Lukianoff paints a stark picture of our ability as a nation to discuss important issues rationally. Unlearning Liberty: Campus Censorship and the End of American Debate illuminates how intolerance for dissent and debate on today’s campus threatens the freedom of every citizen and makes us all just a little bit dumber. |
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