Constitutional Law. Article III Justiciability. Ninth Circuit Holds That Landlords May Not Assert Pre-Enforcement Free Exercise Challenge to Antidiscrimination Statutes. Thomas v. Anchorage Equal Rights Commission, 220 F.3d 1134 (9th Cir. 2000) (en banc), Petition for Cert. Filed, 69 U. S. L. W. 3260 (U. S. Oct. 2, 2000) (No. 00-499)

Harvard Law Review ◽

10.2307/1342644 ◽

2001 ◽

Vol 114 (4) ◽

pp. 1398

Keyword(s):

Constitutional Law ◽

Equal Rights ◽

Ninth Circuit ◽

Free Exercise ◽

Exercise Challenge

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Constitutional Law. Free Exercise of Religion. Alaska Supreme Court Holds That Housing Anti-Discrimination Laws Protecting Unmarried Couples Withstand a Free Exercise Challenge by a Religious Landlord. Swanner v. Anchorage Equal Rights Commission, 874 P.2d 274 (Alaska 1994)

Harvard Law Review ◽

10.2307/1341925 ◽

1995 ◽

Vol 108 (3) ◽

pp. 763

Keyword(s):

Supreme Court ◽

Constitutional Law ◽

Equal Rights ◽

Free Exercise ◽

Exercise Challenge ◽

Free Exercise Of Religion

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Constitutional Law. Free Exercise Clause. Ninth Circuit Upholds Oregon Regulation Limiting Special Education Services to Religiously Neutral Settings. KDM ex rel. WJM v. Reedsport School District, 196 F.3d 1046 (9th Cir. 1999), Cert. Denied, 69 U. S. L. W. 3363 (U. S. Nov. 27, 2000) (No. 00-131)

Harvard Law Review ◽

10.2307/1342705 ◽

2001 ◽

Vol 114 (3) ◽

pp. 954 ◽

Cited By ~ 3

Keyword(s):

Special Education ◽

School District ◽

Constitutional Law ◽

Special Education Services ◽

Education Services ◽

Ninth Circuit ◽

Free Exercise ◽

Free Exercise Clause

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Constitutional Law. Equal Protection. Ninth Circuit Holds That Cell Assignments Based on Race Are Permissible. Johnson v. California, 321 F.3d 791 (9th Cir. 2003), Cert. Granted, 72 U.S.L.W. 3547 (U.S. Mar. 1, 2004) (No. 03-636)

Harvard Law Review ◽

10.2307/4093346 ◽

2004 ◽

Vol 117 (7) ◽

pp. 2448

Keyword(s):

Constitutional Law ◽

Equal Protection ◽

Ninth Circuit

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NO TEARS FOR CREON

Legal Theory ◽

10.1017/s1352325210000029 ◽

2009 ◽

Vol 15 (4) ◽

pp. 245-266

Author(s):

Marc O. DeGirolami

Keyword(s):

Religious Liberty ◽

The Other ◽

Equal Rights ◽

Free Exercise ◽

Comprehensive Theory ◽

Liberty Of Conscience ◽

Equal Respect ◽

The Government ◽

Normative Status

This essay critiques Professor Martha Nussbaum's book, Liberty of Conscience: In Defense of America's Tradition of Religious Equality (2008). Nussbaum's thesis is that the entire tradition of religious liberty in America can be both best understood (as a historical exercise) and justified (as a philosophical one) by recourse to the overarching principle of equal respect—that “[a]ll citizens have equal rights and deserve equal respect from the government under which they live.” Nussbaum insists that equal respect pervades the tradition and that all other values of religious liberty are subordinate to it. She examines various free-exercise and establishment issues in light of this principle, concluding that the tradition of religious equality is under threat and calling for renewed vigilance in its defense. This essay criticizes Nussbaum's elevation of the principle of equal respect to supreme normative status. It claims that Nussbaum's single-minded focus on equal respect distorts and misunderstands the conflicts actually at issue in many religious liberty disputes. The essay focuses specifically on the inadequacies of her assessment of two prominent religious liberty cases, one in the free exercise and the other in the established context. This essay concludes that there are reasons for deep skepticism about Nussbaum's approach as a comprehensive theory of the religion clauses.

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Constitutional Law. First Amendment and Equal Protection. Ninth Circuit Upholds "Don't Ask, Don't Tell" Policy for Gays and Lesbians in the Military. Holmes v. California Army National Guard, 124 F.3d 1126 (9th Cir. 1997)

Harvard Law Review ◽

10.2307/1342171 ◽

1998 ◽

Vol 111 (5) ◽

pp. 1371 ◽

Cited By ~ 1

Keyword(s):

First Amendment ◽

Constitutional Law ◽

National Guard ◽

Equal Protection ◽

Army National Guard ◽

Ninth Circuit ◽

Don't Ask Don't Tell ◽

Gays And Lesbians ◽

The Military

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Constitutional Law. Tenth Amendment. Ninth Circuit Holds Interim Enforcement Provisions of the Brady Bill Constitutional. Mack v. United States, 66 F.3d 1025 (9th Cir. 1995), Petition for Cert. Filed, 64 U. S. L. W. 3642 (U. S. Mar. 15, 1996) (No. 95-1478)

Harvard Law Review ◽

10.2307/1342035 ◽

1996 ◽

Vol 109 (7) ◽

pp. 1833 ◽

Cited By ~ 2

Keyword(s):

United States ◽

Constitutional Law ◽

Ninth Circuit ◽

Tenth Amendment

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Civil Action for Interference with Federal Privilege and Immunity: Constitutional Law. Civil Rights Statute. Ninth Circuit Awards Damages for Interference by Private Individual with Privilege and Immunity of a Citizen of the United States

Stanford Law Review ◽

10.2307/1226056 ◽

1950 ◽

Vol 3 (1) ◽

pp. 142

Keyword(s):

United States ◽

Civil Rights ◽

Constitutional Law ◽

The United States ◽

Civil Action ◽

Ninth Circuit ◽

Private Individual

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Constitutional Law. Due Process. Prisoners' Rights. Ninth Circuit Holds That the Right to Procreate Survives Incarceration. Gerber v. Hickman, 264 F.3d 882 (9th Cir. 2001)

Harvard Law Review ◽

10.2307/1342557 ◽

2002 ◽

Vol 115 (5) ◽

pp. 1541 ◽

Cited By ~ 8

Keyword(s):

Constitutional Law ◽

Due Process ◽

Ninth Circuit ◽

The Right

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Constitutional Law. Equal Protection. Ninth Circuit Affirms Decision Not to Enjoin California Recall Election. Southwest Voter Registration Education Project v. Shelley, 344 F.3d 914 (9th Cir. 2003) (En banc) (Per curiam)

Harvard Law Review ◽

10.2307/4093310 ◽

2004 ◽

Vol 117 (6) ◽

pp. 2023 ◽

Cited By ~ 1

Keyword(s):

Constitutional Law ◽

Voter Registration ◽

Equal Protection ◽

Education Project ◽

Ninth Circuit

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Constitutional Law: Court of Appeals for Ninth Circuit Holds State Invasion of Privacy Actionable under the Civil Rights Act

Duke Law Journal ◽

10.2307/1371042 ◽

1964 ◽

Vol 1964 (3) ◽

pp. 603

Keyword(s):

Civil Rights ◽

Constitutional Law ◽

Ninth Circuit ◽

Civil Rights Act ◽

Court Of Appeals ◽

Invasion Of Privacy

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