Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional Law (2)
- Religion (2)
- Religious freedom (2)
- Agnostics (1)
- American Religious Democracy (1)
-
- Atheists (1)
- Bioethics (1)
- Chirstian Legal Society v. Martinez (130 S. Ct. 2971 (2010)) (1)
- Christian democracy/Influence (1)
- Church and state (1)
- Church and state/Laws (1)
- Citizenship (1)
- Equal Protection (1)
- Establishment (1)
- Establishment Clause (1)
- Establishment clause (1)
- First Amendment (1)
- Free exercise of religion (1)
- Freedom of Association (1)
- Freedom of Religion (1)
- Freedom of conscience/Influence (1)
- Freedom of religion/Laws (1)
- Hallowed Secularism (1)
- Hosanna-Tabor (1)
- Judicial Ethics (1)
- Judicial Process (1)
- Liberalism (1)
- Ministerial exception (1)
- Philosophy (1)
- Political theology (1)
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
William & Mary Bill of Rights Journal
Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …
The Religious Liberty Of Judges, Daniel R. Suhr
The Religious Liberty Of Judges, Daniel R. Suhr
William & Mary Bill of Rights Journal
This Article begins by reviewing the government employee line of cases, starting with United Public Workers v. Mitchell in 1947.29 The first section concludes that the modified Pickering balancing test set forth in United States v. National Treasury Employees Union (NTEU) is the appropriate level of scrutiny for judicial conduct rules. The body of this Article reviews ways in which the four canons of the ABA Model Code of Judicial Ethics and official interpretations of and rulings regarding them limit the religious activities of judges. I conclude that numerous applications of the Model Code are unconstitutional infringements on judges’ First …
Nonbelievers, Nelson Tebbe
Nonbelievers, Nelson Tebbe
Cornell Law Faculty Publications
How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …
February 25, 2011: Is Unitarian Universalism The Answer?, Bruce Ledewitz
February 25, 2011: Is Unitarian Universalism The Answer?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Unitarian Universalism the Answer?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nonbelievers, Nelson Tebbe
Between Liberalism And Theocracy, John D. Inazu
Between Liberalism And Theocracy, John D. Inazu
Campbell Law Review
Our symposium conveners have focused us on "the relationship between liberalism and Christianity and their influence on American constitutionalism."' My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for navigating the relationship between church and state.' By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), I hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are …
Funding Stem Cell Research: The Convergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Funding Stem Cell Research: The Convergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Edward A Fallone
The controversy over the funding of stem cell research by the federal government is used as a case study for examining how policy choices are made in the field of public bioethics. This article examines the manner in which the decision to fund stem cell research has been influenced by the convergence of evolving scientific knowledge, conflicting religious values, and the role of elected officials in a representative democracy. The article begins by reviewing the current state of scientific knowledge concerning adult stem cells, embryonic stem cells, induced pluripotent stem cells, and the process of direct cell re-programming. Because each …
Phony Originalism And The Establishment Clause, Andrew M. Koppelman
Phony Originalism And The Establishment Clause, Andrew M. Koppelman
Faculty Working Papers
The "originalist" interpretations of the Establishment Clause by Supreme Court Justices William Rehnquist, Antonin Scalia, and Clarence Thomas are remarkably indifferent to the original purposes of that clause. Their arguments are a remarkable congeries of historical error and outright misrepresentation. This is not necessarily a criticism of originalism per se. However, the abuse of originalist scholarship that these judges have practiced raises questions about what originalist scholars are actually accomplishing.
Between Liberalism And Theocracy, John D. Inazu
Between Liberalism And Theocracy, John D. Inazu
Faculty Scholarship
Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Faculty Publications
The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious …