SelectedWorks @ Widener University Commonwealth Law School
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The ADA, Respiratory Disabilities and Smoking: Can Smokers at Burger King Really Have It Their Way?
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The Tax Law Clinic: Loyola Chicago\u27s Decade of Experience
No full textSince 1987 Loyola University Chicago School of Law has operated a tax clinic, educating students not only about the intricacies of tax law but also in basic legal skills, and helping hundreds of low-income taxpayers resolve tax matters with the Internal Revenue Service
When a King Speaks of God; When God Speaks to a King: Faith, Politics, Tax Exempt Status, and the Constitution in the Clinton Administration
No full textDuring the Clinton Administration, the Internal Revenue Service ( IRS ) and the Department of Justice ( DOJ ) broke new ground in the enforcement of the tax code\u27s ban on partisan political activity by tax-exempt religious organizations. President Clinton, meanwhile, used church buildings and religious services for political campaigning and made political speeches on behalf of candidates that intertwined the political and the religious. Thus, while the Clinton Administration clarified the role of religious exercise and expression in some areas of public life, like public schools and the federal workplace, Administration activities clouded the role religion is to play in political campaigns.The roots of this tension in Administration behavior are not new. Here, President Clinton acted in accordance with political and religious norms and a constitutional interpretation that have dominated most of American history. The IRS, meanwhile, sought to give meaning to tax code provisions tied to then Senator Lyndon Johnson\u27s efforts to neutralize political opponents. Thus, this current tension has been with us for nearly fifty years and has lain dormant until now only because of restraint in enforcement and timidity in practice. Now that the Clinton Administration has brought it to the surface, the tension demands resolution.This tension implicates both the Free Exercise and Establishment Clauses of the First Amendment. When the Federal Government requires churches committed to speaking truth in the public square to choose between publicizing their beliefs and remaining tax exempt, it burdens the free exercise of religion. For example, the Federal Government burdens free exercise when it restricts, under the tax code, the questions that churches may place on voter guides or introduce into public debate. This is true because fundamental to the mission to speak truth is the freedom to select the questions that truly matter. In addition, the Federal Government violates the Establishment Clause when it forecloses churches from attempting to serve as a conscience to power. This is so because the Establishment Clause seeks to guarantee that churches in America retain an unrestricted voice worthy of listening to.These views result both from a common understanding of the nature and pervasiveness of religion and from the political experiences of America and other nations. From Judah and Israel, across Europe, and into America, the centuries have shown that a State that is denied a moral compass does evil, and a State guided by a moral compass that has lost its integrity within the State\u27s halls of power is worse than a State with no moral compass at all. Thus, the danger in current American political discourse is not that religious language will poison the world of politics, but that political participation will gut religious language of all truth
Symposium, Legal Ethics for Government Lawyers: Straight Talk for Tough Times: Introduction
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Urinating on the Pennsylvania Constitution? Drug Testing of High School Athletes and Article I, Section 8 of the Pennsylvania Constitution
No full textThis Comment asserts that drug testing policies fail to pass Pennsylvania constitutional muster. The focus is directed toward mandatory suspicionless testing of student athletes, an activity that schools have adopted in response to increased drug use in recent years.\u279 Part II discusses a typical drug test performed by a school district and refers to policies from Derry, Fairfield, and Middletown Area School Districts. Part III analyzes the constitutionality of drug testing policies under Article I, Section 8. Part IV discusses alternatives to mandatory suspicionless drug testing of athletes that would effectuate school boards\u27 goals of maintaining a drug-free environment without violating students\u27 constitutional rights. Finally, Part V concludes that mandatory random drug testing of high school athletes is unconstitutional under Article I, Section 8 of the Pennsylvania Constitution
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights for the Former Soviet Union
No full textI have the honor and privilege of commenting on Professor Shelley\u27s address, and not surprisingly to me, having long been an admirer of her and her work, I find myself in agreement with the comments that she made