Volume 9

Part 1

Fall 2008


Flag Desecration, Religion and Patriotism

Muriel Morisey

So Help Me God: Reflections on Language, Thought, and the Rules of Evidence Remembered

Laurie C. Kadoch

Speaking of Evolution: The Historical Context of Kitzmiller V. Dover Area School District Joan DelFattore


Religious Home-Schools: That’s Not a Monkey on Your Back, It’s a Compelling State Interest Louis Greenfield

New Developments

Upholding the Ban on Partial Birth Abortion: Gonzales V. Carhart

Lian Skaf

Taxpayers Lack Standing to Challenge Congressionally Appropriated Funds Spent by the President: Hein V. Freedom From Relgion Foundation

Mariana Gaxiola-Viss

How Young it Too Young When a Polygamist Cult Leader Intends to Marry You Off to Your First Cousin? The Ongoing Case Against Warren Steed Jeffs

Brain Daniel Whelan

Bloody Persecution: Plight of the Falun Gong

Jennifer L. Zegel

Bipartisan Campaign Reform Act of 2002 Violates Free Speech When Applied to Issue-Advocacy Advertisements: Fed. Election Comm’n V. Wisonsin Right to Life, Inc., 127 S. Ct. 2652 (2007) Mariana Gaxiola-Viss
Part 2 Spring 2008


The Sikh Turban: Post-911 Challenges to This Article of Faith

Neha Singh Gohil Dawinder S. Sidhu
After Natural Law: A Hermeneutical Response to Law’s Quandary Francis J. Mootz, III


Bright Line Points Toward Legal Compromise: IRS Condoned Lobbying Activities for Religious Entities and Non-Profits

Elizabeth A. Livingston

Is Religion an Effective Mitigating Factor in Capital Cases? Near Miss Christian Factors and Disregarded Muslim Ones Lian Skaf

New Developments

Attack on the Separation of Church and State or Mere Congressional Puffery: Examining House Resolution 847

Lian Skaf

The Hard Line Between Stopping Child Pornography and Protecting Free Speech: United States V. Williams

Mariana Gaxiola-Viss

Expanding State Law Evidentiary Privileges According to the Religion Clause of the First Amendment: Varner V. Stovall

Mariana Gaxiola-Viss

A Funny Thing Happened on the Way to the Boycott: Why We Should Respond to China’s Religious Persecution and Human Rights Violations by Means Other Than a Boycott of the 2008 Beijing Olympic Games Jennifer L. Zegel

Book Review

Wrestling With God: The Courts’ Tortuous Treatment of Religion, by Patrick M. Garry Mariana Gaxiola-Viss

National Religious Freedom Moot Court Competition

In partnership with the National Religious Freedom Moot Court Board at George Washington University Law School, we are pleased to announce the 2008 competition’s “Best Brief” winners, Benjamin Greiving and Sarah Donini of Florida State University. You may review the problem on which the brief is based at: http://www.religiousfreedommootcourt.org/problem.php

Winning Brief (Finch V. Kilinger) Sarah Donini Benjamin Greiving