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Full-Text Articles in Law
The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion
The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion
William & Mary Bill of Rights Journal
No abstract provided.
Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott
Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott
William & Mary Bill of Rights Journal
No abstract provided.
But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard
But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard
William & Mary Bill of Rights Journal
No abstract provided.
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
William & Mary Bill of Rights Journal
The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …
Accommodation And Equal Liberty, Lisa Schultz Bressman
Accommodation And Equal Liberty, Lisa Schultz Bressman
William & Mary Law Review
No abstract provided.
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
William & Mary Law Review
No abstract provided.
Free? Exercise, Marci A. Hamilton
Religion, Rationality, And Special Treatment, Jane Rutherford
Religion, Rationality, And Special Treatment, Jane Rutherford
William & Mary Bill of Rights Journal
Religion has always played a major role in American society, both politically and socially. Its influence on the Constitution is expressed in the Establishment and Free Exercise Clauses. Why is religion given special treatment by the Constitution? In this Article, Professor Jane Rutherford makes a structural argument for religious liberty. Rutherford posits that religion is treated differently not because of the content of its views, but because of the various other functions it serves, such as providing voices for outsiders and advancing non-market values. Rutherford concludes that we should return to more serious enforcement of the Establishment and Free Exercise …
How Not To Challenge The Court, Neal Devins
How Not To Challenge The Court, Neal Devins
William & Mary Law Review
No abstract provided.
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
William & Mary Law Review
No abstract provided.
Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla
The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
Rfra, David P. Currie
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
William & Mary Law Review
No abstract provided.
Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith
Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith
William & Mary Law Review
No abstract provided.
The Free Exercise Thereof, Stephen L. Carter
The Free Exercise Thereof, Stephen L. Carter
William & Mary Law Review
No abstract provided.
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
William & Mary Bill of Rights Journal
Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.
In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …
The Substantial Burden Of Municipal Zoning: The Religious Freedom Restoration Act As A Means To Consistent Protection For Church-Sponsored Homeless Shelters And Soup Kitchens, Marc-Olivier Langlois
The Substantial Burden Of Municipal Zoning: The Religious Freedom Restoration Act As A Means To Consistent Protection For Church-Sponsored Homeless Shelters And Soup Kitchens, Marc-Olivier Langlois
William & Mary Bill of Rights Journal
Despite the increase in poverty and homelessness in the United States, many municipalities are attempting to use zoning regulations to limit the spread of church-sponsored programs that minister to the poor. Although the Religious Freedom Restoration Act of 1993 (RFRA) suggests that courts should find churchsponsored programs exempt from the burdens of municipal zoning, recent decisions in federal courts demonstrate that church-sponsored homeless shelters and soup kitchens will receive the same inconsistent protection they received under traditional Free Exercise Clause analysis. This Note argues that enforcement of zoning regulations places a substantial burden on church-sponsored programs that minister to the …
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler
William & Mary Law Review
No abstract provided.
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
William & Mary Law Review
No abstract provided.
Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein
Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein
William & Mary Law Review
No abstract provided.
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
William & Mary Law Review
No abstract provided.
The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland
The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland
William & Mary Law Review
No abstract provided.
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
William & Mary Law Review
No abstract provided.
Introduction To Religion And The State, Gene R. Nichol
Introduction To Religion And The State, Gene R. Nichol
William & Mary Law Review
No abstract provided.
Section 401(B) Of The Health Programs Extension Act: An Abortive Attempt By Congress To Solve A Constitutional Dilemma
William & Mary Law Review
No abstract provided.
Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn
Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn
William & Mary Law Review
No abstract provided.
The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey
The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey
William & Mary Law Review
No abstract provided.
The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld
The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld
William & Mary Law Review
No abstract provided.