The John Marshall Law School
315 South Plymouth Court
Chicago, Illinois 60604
Does a Broad Free Exercise Right Require a Narrow Definition of Religion, 39 Hastings Const. L.Q. 357 (2012) Faculty Scholarship (2012)
In the 1990 case of Employment Division v. Smith, a sharply divided Supreme Court abandoned the routine application of strict scrutiny when considering Free Exercise Clause claims seeking exemption from generally applicable legal duties or ...
“You've Got To Be Carefully Taught”: Justifying Affirmative Action after Croson and Adarand, 74 N.C. L. Rev. 1141 (1996) Faculty Scholarship (1996)
In this Article Professor Beschle assesses the continuing legitimacy of affirmative action as a governmental response to racial discrimination. The author begins with a historical review of Supreme Court decisions in which the Court has ...