Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Indiana Law Journal
It is a volatile time in the jurisprudence of the First Amendment’s Religion Clauses. In recent terms, the U.S. Supreme Court has revisited many key Church-State and free exercise questions, and the Justices seem poised to revisit several more. Each of these fundamental questions presupposes an antecedent question: what, for constitutional purposes, is religion itself? The Court has never answered this question consistently or systematically. But, at least in the case of constitutionally mandated religious exemptions, a clear pattern emerges over time: the broader the Court’s definition of religion, the weaker its regime of religious exemptions. The reverse has also …
The Constitutional Tort System, Noah Smith-Drelich
The Constitutional Tort System, Noah Smith-Drelich
Indiana Law Journal
Constitutional torts—private lawsuits for constitutional wrongdoing—are the primary means by which violations of the U.S. Constitution are vindicated and deterred. Through damage awards, and occasionally injunctive relief, victims of constitutional violations discourage future misconduct while obtaining redress. However, the collection of laws that governs these actions is a complete muddle, lacking any sort of coherent structure or unifying theory. The result is too much and too little constitutional litigation, generating calls for reform from across the political spectrum along with reverberations that reach from Standing Rock to Flint to Ferguson.
This Article constructs a framework of the constitutional tort system, …
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman
The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman
Indiana Law Journal
No abstract provided.
Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland
Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland
Indiana Law Journal
No abstract provided.