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Articles 31 - 59 of 59

Full-Text Articles in Law

The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion Oct 2005

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 Oct 2005

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 Feb 2005

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 Dec 2001

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 Mar 2001

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 Mar 2001

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 Mar 2001

Free? Exercise, Marci A. Hamilton

William & Mary Law Review

No abstract provided.


Religion, Rationality, And Special Treatment, Jane Rutherford Feb 2001

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 Mar 1998

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 Mar 1998

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 Mar 1998

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 Mar 1998

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 Mar 1998

Rfra, David P. Currie

William & Mary Law Review

No abstract provided.


Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu Mar 1998

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 Mar 1998

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 Jun 1997

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 Dec 1996

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 May 1996

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 Mar 1995

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 Feb 1990

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 Feb 1990

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 Feb 1990

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 Jun 1986

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 Jun 1986

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 Jun 1986

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 Dec 1975

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 Dec 1967

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 Oct 1967

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 Apr 1964

The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld

William & Mary Law Review

No abstract provided.