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Speaking of Virtue: A Republican Approach to University Regulation of Hate Speech
(Minnesota Law Review, 1991)
There is a disturbing new trend among American universities. Many universities, both public and private, are adopting regulations that punish what is commonly called '"hate speech." Hate speech is expression that is ...
Private Religious Choice in German and American Constitutional Law: Government Funding and Government Religious Speech
(Vanderbilt Journal of Transnational Law, 1998)
The sharply contested religion cases from Germany in the late 1990s...point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. ...
Warning: Labeling Constitutions May Be Hazardous to Your Regime
(Law and Contemporary Problems, 2004)
What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of ...