Law Commons^™

Separation Of Church And Law: The Ministerial Exception In Demkovich V. St. Andrew The Apostle Parish, Jonathan Murray

University of Colorado Law Review

Religious freedom is increasingly invoked to defeat liability for behavior that has long been regulated under accepted, neutral law, an argument to which many courts and judges appear receptive. One such area of law seeing this activity is the ministerial exception-a judicial principle recognized under the First Amendment. The ministerial exception guarantees religious organizations' discretion in how they select their "ministers,"or religious employees dedicated to the organization's religious mission. However, current law lacks clarity regarding the application of the exception to an organization's treatment of its ministers. Recently, the Seventh Circuit, sitting en banc, chose to categorically expand the application …

Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen

University of Colorado Law Review Forum

No abstract provided.

Excavating The Forgotten Suspension Clause, Helen Norton

Publications

No abstract provided.

Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi

Publications

No abstract provided.

The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff

Publications

Although the framers of the Australian Constitution adopted many features of the United States Constitution, they rejected the separation of legislative and executive power in favour of responsible government in a parliamentary system like that of the United Kingdom. In doing so, Australians depended on existing conventions about the nature of responsible government instead of specification of its attributes in constitutional text. The United States Constitution contains detailed provisions about separation of powers, but unwritten conventions have produced some central features of American government. This article reviews conventions developed by Congress that constrain Presidents in the domestic sphere with regard …

Beyond Interpretation, Pierre Schlag

Publications

No abstract provided.

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Publications

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …

Nineteenth-Century Orthodoxy, Richard B. Collins

Publications

No abstract provided.

Takings And Retroactivity, Jan G. Laitos

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.

Contains references.

Voice In Government: The People, Emily Calhoun

Publications

No abstract provided.

Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi

Publications

No abstract provided.

Separation Of Powers Under The Texas Constitution, Harold H. Bruff

Publications

No abstract provided.

Forgetting The Constitution, Robert F. Nagel

Publications

No abstract provided.

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

No abstract provided.

Judicial Immunity And Sovereignty, Robert F. Nagel

Publications

No abstract provided.

Developments In The Law Of Coerced Confessions, Howard Klemme

Publications

No abstract provided.

Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme

Publications

No abstract provided.