The demise of the political necessity defense: indirect civil disobedience and United States v. Schoon
Article Abstract:
The Ninth Circuit in United States v Schoon created a per se rule against necessity as a defense for indirect civil disobedience. By holding that necessity could never be shown in such cases, the court misconstrued the four-prong necessity test and differentiated inappropriately between direct and indirect civil disobedience while ignoring relevant constitutional and policy issues that support allowing the defense. The right to offer an adequate defense and the importance of fostering democratic values such as citizen participation are among factors in the defense's favor.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1993
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The failure of equal regard to explain the Sherbert quartet
Article Abstract:
The "equal regard" principles advocated by Christopher L. Eisgruber and Lawrence G. Sager fail to justify the position taken by the US Supreme Court in Sherbert v. Verner and related cases. The equal regard approach would find state laws infirm if they failed to treat religious obligations with the same regard that they do secular obligations. Review of state unemployment insurance laws reveals that such laws tend not to discriminate against religion and would not be vulnerable under equal regard principles.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
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- Abstracts: Equality and diversity: the eighteenth-century debate about equal protection and equal civil rights. A critical analysis of the civil penalty regime under the Credit Act 1984 (Vic.)
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- Abstracts: Contingent beneficiaries and Crummey powers: the battle lines are drawn. Contingent workforce does not threaten permanent jobs