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Hosanna-Tabor And Supreme Court Precedent: An Analysis Of The Ministerial Exception In The Context Of The Supreme Court’S Hands-Off Approach To Religious Doctrine, Samuel J. Levine Nov 2011

Hosanna-Tabor And Supreme Court Precedent: An Analysis Of The Ministerial Exception In The Context Of The Supreme Court’S Hands-Off Approach To Religious Doctrine, Samuel J. Levine

Samuel J. Levine

The United States Supreme Court‘s review of the decision of the United States Court of Appeals for the Sixth Circuit in the case of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC could lead to a major development in the Court‘s Religion Clause jurisprudence. On one level, Hosanna-Tabor presents important questions regarding the interrelationship between employment discrimination laws and the constitutional rights of religious organizations. The narrow issue at the center of the case is the ministerial exception, a doctrine that precludes courts from adjudicating discrimination claims arising out of disputes between religious institutions and their ministerial employees. This Essay …


The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein Jul 2011

The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein Jul 2011

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term (Nineteenth Annual Supreme Court Review, October 2006 Supreme Court Term), Richard Klein Jul 2011

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term (Nineteenth Annual Supreme Court Review, October 2006 Supreme Court Term), Richard Klein

Richard Daniel Klein

No abstract provided.


Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein Jul 2011

Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


The Supreme Court And Judicial Review: Two Views, Thomas A. Schweitzer Jul 2011

The Supreme Court And Judicial Review: Two Views, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz, George C. Pratt Jun 2011

Section 1983 Litigation, Martin A. Schwartz, George C. Pratt

Martin A. Schwartz

No abstract provided.


Supreme Court Section 1983 Developments, Martin A. Schwartz Jun 2011

Supreme Court Section 1983 Developments, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman Jun 2011

Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman

Martin A. Schwartz

No abstract provided.


Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz Jun 2011

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz Jun 2011

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Due Process And Fundamental Rights, Martin A. Schwartz Jun 2011

Due Process And Fundamental Rights, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz Jun 2011

The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Jun 2011

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz Jun 2011

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


New Issues Arising Under Section 1983, Martin A. Schwartz Jun 2011

New Issues Arising Under Section 1983, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine May 2011

Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Samuel J. Levine

In recent years, the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief. While the Justices have articulated valid concerns concerning these cases, courts should not allow these concerns to deter them from making decisions vital to the effective adjudication of Free Exercise and Establishment Clause cases. In fact, it appears that as a result of the Court's increasing refusal to consider carefully the religious questions central to many cases, the Court often tends to group together religious claims and practices, regardless of the relative …


Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer Apr 2011

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.


Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer Apr 2011

Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.


Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds Feb 2011

Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds

William L. Reynolds

No abstract provided.


Modern American Supreme Court Judicial Methodology And Its Origins: A Critical Analysis Of The Legal Thought Of Roscoe Pound, Beau James Brock Dec 2010

Modern American Supreme Court Judicial Methodology And Its Origins: A Critical Analysis Of The Legal Thought Of Roscoe Pound, Beau James Brock

Beau James Brock

The pragmatic philosophy of law espoused by Pound has come to be regarded as a textbook method of adjudication. The most telling commentators of all have been the judges themselves who utilize his balancing of social interests in their adjudication of cases. Finally, his pragmatism has been assimilated into mainstream legal thought producing innovative attempts to address the possibly unanswerable question of the proper valuation of competing interests.