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Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray
Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray
Law Faculty Scholarly Articles
What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …
Another Look At Skelly Oil And Franchise Tax Board, Paul E. Salamanca
Another Look At Skelly Oil And Franchise Tax Board, Paul E. Salamanca
Law Faculty Scholarly Articles
In recent years, members of the Supreme Court of the United States have twice cited Skelly Oil Co. v. Phillips Petroleum Co. for the proposition that the federal Declaratory Judgment Act, which Congress enacted in 1934, is “procedural only” and does not enlarge the scope of federal jurisdiction. By this, they probably mean that Skelly allows no case into federal court in the presence of the act that could not find its way there in its absence. But whether this assertion is accurate today, or was accurate in 1950 when Justice Frankfurter wrote Skelly, is not entirely clear. Depending …