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.

Case Note, Civil disobedience, Necessity (Law)

---

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.

United States, Freedom of religion, Criticism and interpretation, Unemployment insurance, states, Eisgruber, Christopher L., Sager, Lawrence G.

---

Similar abstracts:

• 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.)
• Abstracts: Products liability and "off-label" use of prescription drugs. Realized benefits from switching drugs
• Abstracts: The perils of being a juror with a conscience. Precision-guided munitions demonstrated their pinpoint accuracy in Desert Storm; but is a country obligated to use precision technology to minimize collateral civilian injury and damage?
• Abstracts: Contingent beneficiaries and Crummey powers: the battle lines are drawn. Contingent workforce does not threaten permanent jobs

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.