Articles Tagged neutrality

Alice Ristroph, How (Not) to Think Like a Punisher

61 Fla. L. Rev. 727 (2009) | | | | INTRODUCTION :: The new sentencing provisions of the Model Penal Code (MPC) forcefully assert the nature of sentencing as judicial province. “One underlying philosophy of the revised Code is that sentencing is, at its core, a judicial function.” Specifically, the new provisions aim to secure […]

Patrick M. Garry, Religious Freedom Deserves more than Neutrality: The Constitutional Argument for Nonpreferential Favoritism of Religion

57 Fla. L. Rev. 1 (2005) | | | | INTRODUCTION :: Some of the earliest American colonies began as havens for religious believers. Religious institutions operated nearly the entire educational system in eighteenth-century America. The first liberty mentioned in the Bill of Rights is religious freedom. During the eighteenth century, Congress consistently permitted the […]