Featured CR-CL Articles

• Establishment Clause Backlash: Disgruntled Florists Unite Against Student Challenger

  January 23, 2012 11:30 pm

• Employment Discrimation and Who is a “Minister”?

  January 15, 2012 9:21 pm

• Pushing Back Against Oklahoma’s Anti-Sharia Amendment

  January 15, 2012 2:04 pm

• Resolving Conflicts Between Professional Ethics, Religious Beliefs, and Free Speech

  January 11, 2012 7:46 pm

• Time to Start Swimming

  January 7, 2012 10:52 am

• Taking Cheap Shots at Occupy Harvard

  December 8, 2011 4:21 pm

• 
  

  Establishment Clause Backlash: Disgruntled Florists Unite Against Student Challenger

  January 23, 2012 11:30 pm - Amicus, By Mike Sacchet, First Amendment

  While it remains unclear whether additional litigation will ensue as a result of the florists’ discrimination against Ahlquist, one thing remains certain: student-plaintiffs often face backlash from a myriad of sources within their local communities in response to their Establishment Clause challenges. Thankfully, though, students such as Jessica Ahlquist are courageous enough to stand up for their First Amendment rights in the face of such community hostility.

• 
  

  Employment Discrimation and Who is a “Minister”?

  January 15, 2012 9:21 pm - By Minal Caron, Courts, Education, First Amendment, Labor and Employment

  In a unanimous decision, the Supreme Court held on Wednesday that a “ministerial exception” barred a parochial school teacher from pursuing an employment discrimination claim against the church that runs the school. This opinion dramatically limits the scope of protection provided to religious employees under the “primary duties” test, the standard previously used by several federal circuits. Although lower courts can continue to carve out areas in which exceptional circumstances may compel the conclusion that the ministerial exception need not apply, “ministers” now receive no protection under civil rights or other discrimination statutes.

• 
  

  Pushing Back Against Oklahoma’s Anti-Sharia Amendment

  January 15, 2012 2:04 pm - By Matt Giffin, First Amendment, Original Content

  At the very least, Judge Matheson’s ruling is a strong statement of the constitutional case against such legislation as the Oklahoma amendment. Couched in the language of Establishment Clause jurisprudence as it is, it makes clear not only that the grounds for the legislation are nonexistent, but also that its effect amounts to unconstitutional discrimination.

• 
  

  Resolving Conflicts Between Professional Ethics, Religious Beliefs, and Free Speech

  January 11, 2012 7:46 pm - Education, First Amendment, LGBTQ Rights

  For the last seventy-five years, Augusta, Georgia has predominantly been known for its connection to the Masters, one of the nation’s most tradition-laden events in all of sports.  But less than a mile from Magnolia Lane, Augusta State University (ASU) [...]

• 
  

  Time to Start Swimming

  January 7, 2012 10:52 am - By Alex Trepp, Voting and Elections

  Just four months ago, D.C. District Court Judge John Bates reaffirmed that §5 of the Voting Rights Act is constitutional. Though many advocates celebrated the thorough opinion—and called particular attention to its source, a Bush II appointee—all recognized that the [...]

• 
  

  Taking Cheap Shots at Occupy Harvard

  December 8, 2011 4:21 pm - Education, First Amendment, Original Content

  On Monday, November 28, a group of 20 to 30 Occupy Harvard protesters attempted to disrupt a Goldman Sachs recruiting session being hosted by Harvard’s Office of Career Services. Three days later, the Crimson ran an editorial reprimanding the protesters’ behavior.