Keeping the faith: Justice David Souter and the First Amendment religion clauses.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... First Amendment, U.S. Constitution Since his appointment to the U.S. Supreme Court by President George Bush in 1990, Justice David Souter has not followed a straight ideological line, for he...

Freedom of the press and Catholic social thought: reflections on the sexual abuse scandal in the Catholic church in the United States.
FROM THE FIRST REPORTS in the 1980s in the National Catholic Reporter to the Pulitzer Prize-winning stories in 2002 in the Boston Globe, the free American press played a central role in uncovering the sexual abuse scandal in the Catholic Church in the United States. That role has been...

Detention and the anti-terrorism legislation.
This special edition of the University of Western Sydney Law Review on detention without trial has proven timely. As we entered the final stages of production, the Australian federal, state and territory governments were in the process of pushing through their respective parliaments far-reaching Anti-Terrorism Bills that introduce two...

Legitimacy, justice, and the future of Africa.
Human Rights, the Rule of Law, and Development in Africa edited by Paul Tiyambe Zeleza and Philip J. McConnaughay. Philadelphia: University of Pennsylvania Press, 2004. 308 pp. In 1961, just as the countries of Africa were acquiring their independence, a junior Washington Evening Star reporter named Smith...

The case against postmodern censorship theory.
Introduction It is an unfortunate sign of our ambiguous times that the First Amendment's free speech protection no longer commands universal support among progressive constitutional scholars and legal activists. The political and legal circles that only a decade ago could be counted upon to defend First Amendment...

FREE SPEECH AND HATE SPEECH.
THE PRESENCE of racial hate propaganda in our community and on the internet discomfits free speech advocates and severely tests the principle of free speech and expression. This underscores a dramatic change of social values that took place in the twentieth century, from a time when many other forms...

Officials air views on President Arroyoa[euro][TM]s Proclamation 1017.
Byline: ARIS R. ILAGAN & ROY C. SINFUEGO Vice President Noli de Castro urged yesterday President Arroyo to "define and prescribe reasonable terms to guide government agencies pursuant to her declaration" of a state of national emergency as he reiterated his stand "that the government respect human...

Enforcing affirmative state constitutional obligations and Sheff v. O'Neill.
INTRODUCTION While the United States Constitution is largely a grant of powers to a narrowly limited national legislature, (1) the state constitutions typically act to constrain legislatures imbued with plenary power. (2) Similarly, federal courts have jurisdiction sharply restricted by federal constitutional limits, (3) while state courts...

The Colonel's finest campaign: Robert R. McCormick and Near v. Minnesota.
I. NEAR V. MINNESOTA: BACKGROUND II. INCORPORATION: THE NECESSARY PRECONDITION III. COL. MCCORMICK TAKES CHARGE OF NEAR IV. BEFORE THE SUPREME COURT V. THE DECISION VI. THE AFTERMATH "The mere statement of the case makes my blood boil." So wrote Weymouth Kirkland to his most...

Lawyers vow fight for civil liberties & human rights.
Byline: ELLALYN B. DE VERA Lawyers and law students, organized by various legal organizations, including the Integrated Bar of the Philippines (IBP) led by IBP President Jose Anselmo Cadiz, yesterday declared they will continue their fight for civil liberties and human rights even after President Arroyo lifted...