Patrick M. Garry

University of South Dakota - School of Law

414 E. Clark Street

Vermillion, SD 57069

United States

SCHOLARLY PAPERS

93

DOWNLOADS
Rank 8,205

SSRN RANKINGS

Top 8,205

in Total Papers Downloads

6,906

SSRN CITATIONS
Rank 32,999

SSRN RANKINGS

Top 32,999

in Total Papers Citations

15

CROSSREF CITATIONS

10

Scholarly Papers (93)

1.

The Myth of Separation: America's Historical Experience with Church And State

Hofstra Law Review, Vol. 33, No. 2, 2004
Number of pages: 19 Posted: 01 Jun 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 576 (57,799)

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First Amendment, Establishment Clause, Thomas Jefferson, Wall of Separation, Separation of Church and State, Constitutional Framers

2.

Judicial Review and the 'Hard Look' Doctrine

Nevada Law Review, Vol. 7, No. 1, 2006
Number of pages: 20 Posted: 10 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 434 (81,859)

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Judicial Review, Hard Look Doctrine, Administrative Law, Capture Theory, APA, Administrative Procedure Act

3.

Captive Audience Doctrine in First Amendment Jurisprudence

Number of pages: 3 Posted: 20 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 370 (98,348)

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First Amendment, offensive speech, captive audience doctrine

4.

The Post-WWI Red Scare and the Effect on Civil Liberties

Number of pages: 2 Posted: 12 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 339 (108,648)

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civil liberties, Red Scare, WWI, The Espionage Act of 1917, Sedition Act of 1918

5.

The Second Amendment as a Guard Against Government-Sanctioned Tyrannous Factions

Liberty & Law Center Research Paper No. 20-06
Number of pages: 20 Posted: 16 Oct 2020 Last Revised: 28 Oct 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 333 (110,901)

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Second Amendment, riots and looting, Summer 2020, self-defense, law and order, individual right

6.

The Effectiveness of Media Rating Systems in Preventing Children's Exposure to Violent and Sexually Explicit Media Content: An Empirical Study

Oklahoma City University Law Review, Vol. 32, No. 2, 2007
Number of pages: 22 Posted: 01 Jun 2008
Patrick M. Garry and Candice Spurlin
University of South Dakota - School of Law and University of South Dakota Law School
Downloads 275 (135,873)

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First Amendment, Freedom of Speech, Media content, Media rating system, Media self-regulation, Children, Electronic entertainment

7.

Does Filtering Stop the Flow of Valuable Information?: A Case Study of the Children's Internet Protection Act (CIPA) in South Dakota

South Dakota Law Review, Vol. 54, No. 1, 2009
Number of pages: 8 Posted: 27 Mar 2009
Candice Spurlin and Patrick M. Garry
University of South Dakota Law School and University of South Dakota - School of Law
Downloads 231 (161,416)
Citation 1

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8.

The Irrationality of Shareholder Class Action Lawsuits: A Proposal for Reform

South Dakota Law Review, Vol. 49, No. 2, 2004
Number of pages: 38 Posted: 09 Nov 2007
University of South Dakota - School of Law, University of South Dakota Law School, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 229 (162,775)

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Shareholder Class Actions, Direct Actions, Derivative Actions, Shareholder Reform, Corporations, SEC, Private Securities Litigation Reform Act

9.

A New First Amendment Model for Evaluating Content-Based Regulation of Internet Pornography: Revising the Strict Scrutiny Model to Better Reflect the Realities of the Modern Media Age

Brigham Young University Law Review, No. 6, 2007
Number of pages: 26 Posted: 03 Apr 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 213 (174,327)

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Freedom of Speech, Media Programming, Content-based regulation, Children, Obscenity, Censorship, Internet, Pornography

10.

Anonymous Sources, Libel Law, and the First Amendment

Temple Law Review, Vol. 78, No. 3, 2005
Number of pages: 28 Posted: 03 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 197 (187,545)

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First Amendment, Libel, Anonymous Sources, Confidential Sources, Media, Fourth Estate Theory

11.

Accommodating the Administrative State: The Interrelationship between the Chevron and Nondelegation

Arizona State Law Journal, Vol. 38, No. 4, 2006
Number of pages: 39 Posted: 29 Sep 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 181 (202,139)

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Administrative law, Administrative state, Nondelegation doctrine, Chevron doctrine, Separation of powers, New Deal

12.

History of the 1889 South Dakota Constitution

South Dakota Law Review, Vol. 59, No. 1, 2014
Number of pages: 21 Posted: 22 May 2014
Patrick M. Garry and Candice Spurlin
University of South Dakota - School of Law and University of South Dakota Law School
Downloads 151 (235,692)

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South Dakota Constitution, History of South Dakota Constitution, 3 Constitutional Conventions, Ratification of South Dakota Constitution

13.

Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co: Hard Look Review of Agency Actions

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 138 (253,582)
Citation 6

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Reagan Administration, Department of Transportation, Hard look review

14.

Wind Energy in Indian Country: A Study of the Challenges and Opportunities Facing South Dakota Tribes

South Dakota Law Review, Vol. 54, No. 3, 2009
Number of pages: 12 Posted: 11 Sep 2009
Patrick M. Garry, Candice Spurlin and Derek Nelsen
University of South Dakota - School of Law, University of South Dakota Law School and affiliation not provided to SSRN
Downloads 125 (273,307)

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"wind energy", "Indian Country", tribes study, "tax credit", PTCs

15.

The First Amendment in a Time of Media Proliferation: Does Freedom of Speech Entail a Private Right to Censor?

University of Pittsburgh Law Review, Vol. 65, No. 2, 2004
Number of pages: 44 Posted: 18 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 113 (293,750)

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First Amendment , Censorship, Right to Censor, Free Speech Clause, Media

16.

The Use and Success of Summary Judgment – Motions: A Case Study of Summary Judgment – Motion Practice in Minnehaha County

7 Liberty University Law Review 1, 2012
Number of pages: 13 Posted: 23 Jul 2013
Jaclyn Aberson, Patrick M. Garry, Candice Spurlin and John Garry
University of South Dakota Law School, University of South Dakota - School of Law, University of South Dakota Law School and University of South Dakota Law School
Downloads 107 (305,210)

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Hagemann Center for Legal and Public Policy Research, Summary judgment motions, Research study, Minnehaha County

17.

Religious Freedom Deserves More than Neutrality: The Constitutional Argument for Nonpreferential Favoritism of Religion

Florida Law Review, Vol. 57, No. 1, 2005
Number of pages: 52 Posted: 29 Sep 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 107 (305,210)

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First Amendment, Religion Clause, Neutrality Doctrine, Establishment Clause, Free Exercise Clause, Nonpreferentialism, Accommodation Doctrine

18.

Defining Speech in an Entertainment Age: The Case of First Amendment Protection for Video Games

Southern Methodist University Law Review, Vol. 57, No. 1, 2004
Number of pages: 22 Posted: 09 Feb 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 104 (311,108)

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First Amendment, Free Speech, Protected Speech, Low value Speech, Video Games

19.

The Establishment Clause and the Making of a New Secularism: A Review Essay on Church, State and the Crisis in American Secularism by Bruce Ledewitz

Duquesne University Law Review, Vol. 51, No. 1, 2013
Number of pages: 12 Posted: 12 Apr 2013
Patrick M. Garry and John Garry
University of South Dakota - School of Law and University of South Dakota Law School
Downloads 92 (336,849)

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church and state

20.

The Trouble with Confidential Sources: A Criticism of the Supreme Court's Interest-Group View of the First Amendment in Cohen v Cowles Media Co

Hastings Communications and Entertainment Law Journal, Vol. 14, No. 3, 1992
Number of pages: 19 Posted: 01 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 85 (353,663)

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First Amendment Press Clause, press, Confidential source, Branzburg, Cohen, Interest-view, First Amentment

21.

Agostini v. Felton - The Court's Modification of the Lemon Test

Number of pages: 2 Posted: 28 Jun 2013 Last Revised: 08 Mar 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 82 (361,419)

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First Amentment, Establishment clause, Lemon test, Religious schools, Parochial schools

22.

Liberty from on High: The Growing Reliance on a Centralized Judiciary to Protect Individual Liberty

Kentucky Law Journal, Vol. 95, No. 2, 2006-2007
Number of pages: 44 Posted: 27 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 79 (369,417)

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Federalism, Separation of Powers, Political Process, Substantive Due Process, Individual Rights, Tenth Amendment, State Sovereign Immunity

23.

A Different Model for the Right to Privacy: The Political Question Doctrine as a Substitute for Substantive Due Process

University of Miami Law Review, Vol. 61, No. 1, 2006
Number of pages: 34 Posted: 01 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 78 (372,174)

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Substantive Due Process, Individual Rights, Privacy, Justiciability

24.

Tribal Incorporation of First Amendment Norms: A Case Study of the Indian Tribes of South Dakota

South Dakota Law Review, Vol. 53, No. 2, 2008
Number of pages: 29 Posted: 16 May 2008
University of South Dakota - School of Law, University of South Dakota Law School, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 74 (383,399)

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First Amendment, Indian Civil Rights Act, ICRA, Individual rights, Freedom of religion, Freedom of press, Freedom of assembly, Freedom of speech, South Dakota tribes, Tribal constitutions, Study

25.

The Constitutional Lynchpin of Liberty in an Age of New Federalism: Replacing Substantive Due Process with the Right to Travel

Brandeis Law Journal, Vol. 45, No. 3, 2007
Number of pages: 26 Posted: 04 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 73 (386,223)

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Substantive Due Process, Federalism, Individual Rights, Constitution, Right to Travel

26.

Raising the Question of Whether Out-of-State Political Contributions May Affect a Small State’s Political Autonomy: A Case Study of the South Dakota Voter Referendum on Abortion

South Dakota Law Review, Vol. 55, No. 1, 2010
Number of pages: 13 Posted: 23 Mar 2010
Patrick M. Garry
University of South Dakota - School of Law
Downloads 71 (392,203)

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Campaign finance, Out-of-State Contributions, Federalism, Referendum, Abortion

27.

The Constitutional Relevance of the Employer-Sovereign Relationship: Examining the Due Process Rights of Government Employees in Light of the Public Employee Speech Doctrine

St. John's Law Review, Vol. 81, No. 4, 2007
Number of pages: 22 Posted: 20 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 69 (398,303)

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Public Employee Speech Doctrine, Due Process Rights, Government Employees, Fifth Amendment, Constitution, Property Rights

28.

The Right to Reject: The First Amendment in a Media-Drenched Society

San Diego Law Review, Vol. 42, No. 1, 2005
Number of pages: 48 Posted: 09 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 65 (410,960)

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First Amendment, Free Speech Clause, Censorship, Media, Pornography, Non-political Speech, Indecent Speech, Marketplace Model

29.

The Democratic Aspect of the Establishment Clause: A Refutation of the Argument that the Clause Serves to Protect Religious or Nonreligious Minorities

Mercer Law Review, Vol. 59, No. 2, 2008
Number of pages: 31 Posted: 08 May 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 61 (424,311)

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First Amendment, Establishment Clause, Free Exercise Clause, Religious minority, Religious majority, Constitution

30.

The Unannounced Revolution: How the Court Has Indirectly Effected a Shift in the Separation of Powers

Alabama Law Review, Vol. 57, No. Spring, 2006
Number of pages: 35 Posted: 17 Sep 2007 Last Revised: 27 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 60 (427,825)
Citation 1

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Federalism, Administrative agencies, Individual rights, Separation of powers

31.

The 1885 and 1889 Constitutional Convention Debates

South Dakota Law Review, Vol. 59, No. 2, 2014
Number of pages: 21 Posted: 22 Nov 2014
Catherine Chicoine and Patrick M. Garry
University of South Dakota Law School and University of South Dakota - School of Law
Downloads 59 (431,321)

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South Dakota Constitution, History of South Dakota Constitution, 3 Constitutional Conventions, Debates of 1883, 1885,1889 Constitutional Conventions

32.

An Equal Protection View of the First Amendment

Quinnipiac Law Review, Vol. 28, No. 4, p. 787, 2010
Number of pages: 68 Posted: 13 Dec 2010
Patrick M. Garry
University of South Dakota - School of Law
Downloads 59 (431,321)

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Bill of Rights, Limited Government, Equal Protection Clause, First Amendment, U. S. Constitution, Individual Freedoms, Minority Rights, Majority Rights, Democracy, Due Process Clause, Establishment Clause, Free Exercise Clause, Free Speech Clause, Discrimination

33.

The Flip Side of the First Amendment: A Right to Filter

Michigan State Law Review, Vol. 2004, No. 1, 2004
Number of pages: 33 Posted: 05 May 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 57 (438,581)

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First Amendment, Free Exercise Clause, CIPA, Children's Internet Protection Act, Internet filtering, Media, Children, Violent progamming, Pornography

34.

Inequality among Equals: Disparities in the Judicial Treatment of Free Speech and Religious Exercise Claims

Wake Forest Law Review, Vol. 39, No. 2, 2004
Number of pages: 33 Posted: 06 Sep 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 57 (438,581)

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First Amendment, Religion, Free Speech, Establishment Clause, Exercise Clause

35.

A One-Sided Federalism Revolution: The Unaddressed Constitutional Compromise on Federalism and Individual Rights

Seton Hall Law Review, Vol. 36, No. 3, 2006
Number of pages: 43 Posted: 29 Sep 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 55 (445,912)

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Federalism, New Deal, Federalism revolution, New Federalism, States rights, Individual rights

36.

The First Amendment and Non-Political Speech: Exploring a Constitutional Model that Focuses on the Existence of Alternative Channels of Communication

Missouri Law Review, Vol. 72, No. 2, 2007
Number of pages: 48 Posted: 03 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 54 (449,543)

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First Amendment, Political Speech, Free Speech, Non-political Speech, Media

37.

Cohen v. California - and the Captive Audience Doctrine

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 53 (453,309)

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Captive audience doctrine, Averting eyes, Free Speech, First Amendment

Pleasant Grove City v. Summum: The Supreme Court Finds a Public Display of Ten Commandments to Be Permissible Government Speech

Supreme Court Review, 2009
Number of pages: 29 Posted: 06 Oct 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 26 (599,959)

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First Amendment Rights, Free Speech Clause, Establishment Clause, Government speech, Ten commandments

Pleasant Grove City v. Summum: The Supreme Court Finds a Public Display of Ten Commandments to Be Permissible Government Speech

The Supreme Court Review - Cato Institute, 2009
Number of pages: 29 Posted: 20 Sep 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 25 (606,915)

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First Amendment rights, Free Speech Clause, Establishment Clause

39.

The Values and Viewpoints Affecting Judicial Review of Agency Actions: A Focus on the Hard-Look Doctrine

Washburn Law Journal, Vol. 53, No. 1, 2014
Number of pages: 16 Posted: 22 May 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 49 (468,970)

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Judicial review, Hard Look doctrine, Chevron doctrine, New Deal, Agency actions, Administrative Agencies, Administrative Regulations

40.

Where Speech Loses its Luster: Campaign Finance Laws and the Constitutional Downgrading of Political Speech

Nexus: A Journal of Opinion, Vol. 12, 2006-2007
Number of pages: 12 Posted: 30 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 49 (468,970)

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First Amendment, Political Speech, Free Speech Clause, Campaign Finance, Political Advertising, Indecent Speech

41.

The Erosion of Common Law Privacy and Defamation: Reconsidering the Law's Balancing of Speech, Privacy, and Reputation

Wayne Law Review, Vol. 65, No. 2, 2020, p. 279-324
Number of pages: 46 Posted: 07 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 48 (473,012)

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Common Law Torts, Privacy, Defamation, Media and Communications Law

Action for Children’s Television and the Regulation of Broadcast Indecency

John Vile, David Hudson Jr., David Schultz, ENCYCLOPEDIA OF THE FIRST AMENDMENT, CQ Press (2008)
Number of pages: 2 Posted: 15 Jun 2013 Last Revised: 08 Mar 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 33 (556,039)

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indecent programming, FCC, Public Telecommunications Act, time channeling regulations

Action for Children’s Television and the Regulation of Broadcast Indecency

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 30 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 14 (690,324)
Citation 2

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43.

Distorting the Establishment Clause Into an Individual Dissenter’s Right

7 Charleston Law Review, 2012
Number of pages: 30 Posted: 06 Oct 2013 Last Revised: 12 Nov 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 41 (503,420)

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Free Speech Clause, First Amentment Rights, Establishment Clause, Dissenter's Rights, Separatationism

44.

Coordinating the Exercise and Establishment Clauses: A Narrow Establishment Clause Test for Government Funding of Prisoner Rehabilitation Services by Religious Providers

Ave Maria Law Review 387, Vol. 6, No. 2, 2008
Number of pages: 22 Posted: 30 Jun 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 40 (508,007)

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Establishment Clause, Free Exercise Clause, Public funds, Government funding, Social welfare services, Prisoner rehabilitiation, Prisons, Religious organizations

45.

Federalism's Battle with History: The Inaccurate Associations with Unpopular Politics

University of Missouri-Kansas City Law Review, Vol. 74, No. 2, 2005
Number of pages: 17 Posted: 30 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 40 (508,007)

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New Federalism, New Deal Constitutional Revolution, States Rights, State Sovereignty, Administrative State, Rehnquist Court, Federalism Revolution

46.

Lynch v. Donnelly and the Endorsement Test

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 39 (512,634)

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Establishment Clause, Endorsement test, Justice O'Connor, First Amendment, Religious symbol

47.

Ashcroft v. Free Speech Coalition, and the First Amendment Protection of the Internet

Number of pages: 2 Posted: 28 Jun 2013 Last Revised: 15 Mar 2015
Patrick M. Garry
University of South Dakota - School of Law
Downloads 38 (517,331)

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Child pornography prevention act, First Amendment, Internet speech, Free speech

48.

How Strictly Scrutinized?: Examining the Educational Benefits the Court Relied Upon in Grutter

Pepperdine Law Review, Vol. 35, No. 3, 2008
Number of pages: 14 Posted: 15 May 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 38 (517,331)

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First Amendment, Grutter case, Racial diversity, Racial discrimination, Higher education, Strict scrutiny review

49.

Rowan v. US Post Office: The Privacy Rights Against Unwanted Speech

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 37 (522,180)

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Offensive and unwanted material, prohibit offensive mailing

50.

The Role of Public Comment in the Administrative Agency Process: A Case Study of the Rulemaking Processes of One South Dakota Agency

Sustainable Development Law Journal, Vol. 14, p. 148, 2011
Number of pages: 9 Posted: 08 Mar 2012
University of South Dakota Law School, University of South Dakota - School of Law, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 35 (532,259)

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state, administrative rulemaking, public comment, agency rulemaking, agency rules, public participation, final rules, south dakota, rulemaking study, environmental rules

51.

Samuel Adams and the Foundations of the Fourth Amendment

Number of pages: 2 Posted: 13 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 32 (547,925)

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Samuel Adams, general warrants, unreasonable searches, Fourth Amendment

52.

The Challenge to Harmonization of Inter-Jurisdictional Trade Laws: A Study of Transportational Regulation Disparities within the Northern Great Plains Region

South Dakota Law Review, Vol. 51, No. 2, 2006
Number of pages: 40 Posted: 14 May 2008
Patrick M. Garry, Candice Spurlin and Michelle DeWaelsche
University of South Dakota - School of Law, University of South Dakota Law School and University of South Dakota Law School
Downloads 32 (547,925)

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Trade laws, Trade harmonization, Transportation regulations, Trucking industry, Transporation disparities

53.

The Institutional Side of Religious Liberty: A New Model of the Establishment Clause

Utah Law Review, Vol. 2004, No. 4, 2004
Number of pages: 35 Posted: 29 Oct 2007 Last Revised: 07 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 32 (547,925)

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First Amendment, Establishment Clause, Free Exercise Clause, Religious Accommodation, Lemon Test, Religious Expression

54.

The Rising Role of State Constitutional Law: An Introduction to a Series of Articles on the South Dakota Constitution

South Dakota Law Review, Vol. 59, No. 1, 2014
Number of pages: 10 Posted: 22 May 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 31 (553,302)

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South Dakota Constitution, History of South Dakota Constitution

55.

Oliver Wendell Holmes and the Democratic Foundations of the First Amendement

Great Justices of the U. S. Supreme Court, Peter Lang Press, 1993
Number of pages: 21 Posted: 10 Oct 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 31 (553,302)

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Oliver Wendall Holmes, First Amendment jurisprudence, Free speech theory

56.

The Self-Government Rationale of Free Speech

Number of pages: 2 Posted: 20 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 31 (553,302)

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Meiklejohn, First Amendment, Speech value

57.

Carolene Products Footnote Four and the New Deal Constitutional Settlement

Number of pages: 2 Posted: 12 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 30 (558,877)
Citation 1

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New Deal Court, judicial review, Due Process Clause, Bill of Rights

58.

Re-Evaluating Media Regulation in a Media Environment of Nearly Unlimited Entertainment Programming and Ample Alternative Channels of Communication

Regent University Law Review, Vol. 22, No. 347, 2009-2010
Number of pages: 22 Posted: 12 Dec 2010
Patrick M. Garry
University of South Dakota - School of Law
Downloads 30 (558,877)

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free speech, First Amendment, political speech, indecent, media, entertainment, censorship

59.

Widmar v. Vincent: the Protection of Religious Speech in a Public Forum

Number of pages: 4 Posted: 26 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 28 (570,651)

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Establishment Clause, religious liberty, religious speech, public forum

60.

Liberty Through Limits: The Bill of Rights as Limited Government Provisions

Southern Methodist University Law Review, Vol. 62, No. 4, 2009
Number of pages: 38 Posted: 17 Mar 2010 Last Revised: 12 Nov 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 28 (570,651)

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Bill of Rights, Constitution, Limited Government, Individual Rights, First Amendment, Anti-Federalist, Nineth Amendment

61.

Antifederalists and the Push for a Bill of Rights

Number of pages: 2 Posted: 12 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 27 (576,763)

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Bill of rights, Antifederalists, Federalists, Constitution

62.

Lemon v. Kurtzman, and the Court's Establishment Clause Jurisprudence

Number of pages: 8 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 27 (576,763)

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Lemon test, Establishment Clause

63.

United States v. Playboy Entertainment Group: Speech Freedoms on Cable TV

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 30 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 27 (576,763)

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Telecommunications Act of 1996, Cable television, explicit speech, indecent programming

64.

The Emerging Legal Relationship between an Investment Banker and Its Client: An Argument for a Fiduciary Relationship

12 Hamline Law Review 43
Number of pages: 15 Posted: 01 Jun 2013
J. McDavitt and Patrick M. Garry
Briggs and Morgan and University of South Dakota - School of Law
Downloads 27 (576,763)

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Fiduciary duty, Banker client relationship, Banker, NASD, NASD Rules of Safe Practice

65.

Journalistic Coverage of the 1883, 1885 and 1889 Constitutional Conventions

South Dakota Law Review, Vol. 59, No. 2, 2014
Number of pages: 55 Posted: 17 Nov 2014
University of South Dakota Law School, University of South Dakota Law School, University of South Dakota Law School and University of South Dakota - School of Law
Downloads 25 (589,378)

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South Dakota Constitution, History of South Dakota Constitution, Constitutional Conventions, Ratification of South Dakota Constitution, Journalistic Coverage of Conventions

66.

Zechariah Chafee’s Free Speech Theories

Number of pages: 2 Posted: 20 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 25 (589,378)

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Free speech, First Amendment, civil liberties

67.

Miami Herald Publishing Company v. Tornillo: The Constitutional Distinction between Print and Broadcast Media

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 23 (602,547)

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Right-of-reply statute, newspaper editorial criticism, First Amendment

68.

Establishment Clause Jurisprudence Still Groping for Clarity: Articulating a New Constitutional Model

Northeastern University Law Review, Vol. 12, No. 2, 2020, p. 660-706
Number of pages: 47 Posted: 07 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 22 (609,342)

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Constitutional Law, First Amendment, Law and Religion, Establishment Clause

69.

Assessing the Constitutional Autonomy of Such Non-State Institutions as the Press and Academia

Utah Law Review, Vol. 2010, No. 1, 2010
Number of pages: 30 Posted: 01 Jan 2011 Last Revised: 20 Sep 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 22 (609,342)

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Non-state government, Journalism, Press autonomy, Academic freedom, First Amendment, Religious organizations, Confidentiality, Federalism, Non-state governance, Self-governing, Higher Education

70.

The Relationship between Employment Agreements and Trade Secret Litigation in Minnesota: The Evolution of Trade Secret Law from Cherne to Electro-Craft

William Mitchell Law Review, Vol. 11, No. 2, 1985
Number of pages: 26 Posted: 10 Oct 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 20 (622,883)

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Trade secret litigation, Minnesota law, Uniform Trade Secrets Act, Breach of contract, Tort misappropriation

71.

Captive Audience Doctrine in First Amendment Jurisprudence

John Vile, David Hudson, Jr., David Schultz, ENCYCLOPEDIA OF THE FIRST AMENDMENT, CQ Press (2008).
Number of pages: 3 Posted: 15 Jun 2013 Last Revised: 08 Mar 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 18 (636,746)

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Captive audience doctrine, First Amendment, Free speech

72.

Branzburg v. Hayes and the Media's Confidentiality Privileges

Number of pages: 2 Posted: 29 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 17 (643,668)

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First Amendment, Confidential sources, Press, Grand Juries

73.

Restricting the Scope of the Establishment Clause in Rosenberger v Rector & Visitors of the University of Virginia

Number of pages: 2 Posted: 27 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 17 (643,668)
Citation 8

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Free Speech Clause, Establishment Clause

74.

National League of Cities v. Usery, and the Brief Revival of the Tenth Amendment

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 16 (650,704)

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Congressional power, New Deal Court, Rehnquist Court, Fair Labor Standards Act 1974 Amendments

75.

F.C.C. v. Pacifica Foundation, and the Regulation of Broadcast Indecency

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 16 (650,704)

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FCC, Children, Indecent speech, Broadcast medium, First Amendment

76.

Reno v. ACLU, and Internet Speech Freedom

Number of pages: 2 Posted: 26 Jun 2013 Last Revised: 04 Jul 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 16 (650,704)

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Internet transmissions, indecent messages, offensive messages, Communications Decency Act of 1996

77.

Heffron v. International Society for Krishna Consciousness

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 16 (650,704)

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Content-neutral regulation

78.

O'Hare Truck Service, Inc v. City of Northlake: The First Amendment Rights of Government Contractors

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 15 (658,087)

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First Amendment speech, patronage protections, government employees

79.

Bartnicki v. Vopper: The Media's Right to Broadcast Intercepted Telephone Conversations

Number of pages: 3 Posted: 12 Jul 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 14 (665,414)

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First Amendment rights, Media, Privacy rights, Electronic communication

80.

Churches and the Courts: The First Amendment Protection from Clergy Lawsuits

Journal of Law and Religion, Vol. 9, No. 1, 1991
Number of pages: 13 Posted: 21 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 14 (665,414)

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Clergy, religious organizations, First Amendment, religious employers, religious employees

81.

Zurcher v. Stanford Daily, and the Court's Rejection of Special Press Rights

Number of pages: 2 Posted: 13 Jul 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 13 (673,031)

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First Amendment, Fourth Amendment, press rights, search warrant

82.

Cohen v. Cowles Media Co. and the Legacy of Branzburg

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 30 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 13 (673,031)

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Safe harbor provison, Public Telecommunications Act 1992, time-channeling regulation, children, indecency

83.

When Anti-Establishment Becomes Exclusion: The Supreme Court's Opinion in American Legion v. American Humanist Association and the Flip Side of the Endorsement Test

Nebraska Law Review, Vol. 99, No. 3, 2020, p. 643-73
Number of pages: 31 Posted: 03 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 12 (680,538)

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First Amendment, Establishment Clause, Law and Religion

84.

The Court's Separationist Approach to the Establishment Clause in Aguilar v Felton

Number of pages: 2 Posted: 28 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 12 (680,538)

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Lemon test, Parochial schools, Separationist approach, Establishment Clause

85.

A Congressional Attempt to Alleviate the Uncertainty of the Court's Establishment Clause Jurisprudence: The Public Expression of Religion Act

37 Cumberland Law Review 1 (2006)
Number of pages: 23 Posted: 10 Oct 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 11 (688,065)

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Establishment Clause, First Amendment, Freedom of Religion Act, Religious speech

86.

Bowers v Hardwick and the Court's Inquiry into Whether Sexual Intimacy Constitutes a Fundament Constitutional Right

Number of pages: 2 Posted: 12 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 11 (688,065)

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Constitutional rights, Right to privacy, 14th Amendment, Due process clause, Sodomy

87.

That Venerable (Or Is It Vulnerable?) Institution: The Supreme Court

Reviews in American History 631 (1989)
Number of pages: 9 Posted: 02 Jul 2013
Paul Murphy and Patrick M. Garry
University of Minnesota - Minneapolis and University of South Dakota - School of Law
Downloads 11 (688,065)

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Supreme Court, judiciary, Gary McDowell, William H. Rehnquist, William Lasser, judicial power

88.

Randall v. Sorrell: The Limits of Campaign Finance Laws

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 11 (688,065)

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Campaign finance statute, contibution limits

89.

Opening Up the Marketplace to Free Trade in Ideas

Law and Social Inquiry, Vol. 14, No. 415, 1989
Number of pages: 8 Posted: 21 Jun 2013 Last Revised: 12 Nov 2013
Paul Murphy and Patrick M. Garry
University of Minnesota - Minneapolis and University of South Dakota - School of Law
Downloads 10 (695,755)

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Review, Abrams case, Supreme Court, dissenting voice, free speech theories, Holmes dissent

90.

The Press and the Dilemma of the Fourth Estate

22 Law & Society Review, No. 5 1043, 1988
Number of pages: 7 Posted: 31 May 2013
Paul Murphy and Patrick M. Garry
University of Minnesota - Minneapolis and University of South Dakota - School of Law
Downloads 10 (695,755)

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First Amendment, Press, Freedom of the press

91.

When Legislatures Become the Ally of Academic Freedom: The First State Intellectual Diversity Statute and Its Effect on Academic Freedom

South Carolina Law Review, Vol. 71, No. 1, 2019, p. 175-201
Number of pages: 27 Posted: 07 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 9 (703,418)

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First Amendment, Academic Freedom, Free Speech

92.

A Limited Government Model of the First Amendment

Number of pages: 91 Posted: 07 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 9 (703,418)

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First Amendment, Free Speech, Bill of Rights, Limited Government

93.

Board of County Commissioners v. Umbehr and the Extension of Public Employee Speech Protections

Number of pages: 2 Posted: 29 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 7 (718,731)

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Employee Speech Doctrine, First Amendment, Free Speech