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Full-Text Articles in Law

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman Apr 2014

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman

Stephen M. Feldman

No abstract provided.


The New Religious Institutionalism Meets The Old Establishment Clause, Gregory P. Magarian Feb 2014

The New Religious Institutionalism Meets The Old Establishment Clause, Gregory P. Magarian

Gregory P. Magarian

Recent religious liberty scholarship spotlights the legal rights of churches and similar religious institutions, as distinct from the rights of individual religious believers. Advocates of “the new religious institutionalism” argue that religious institutions need robust legal rights in order to effectuate their institutional functions and advance religious believers’ interests. The Supreme Court recently fanned the new institutionalist flame by holding, in Hosanna Tabor Evangelical Lutheran Church v. EEOC, that the Constitution protects churches from legal liability for employment discrimination in hiring ministers. In this essay, Professor Magarian considers a complication that advocates of the new religious institutionalism have generally ignored: …


Introduction: Religion, Division, And The Constitution, Richard W. Garnett Nov 2013

Introduction: Religion, Division, And The Constitution, Richard W. Garnett

Richard W Garnett

No abstract provided.


Christian Scripture And American Scripture: An Instructive Analogy?, Gregory A. Kalscheur S.J. Dec 2011

Christian Scripture And American Scripture: An Instructive Analogy?, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

This Review Essay examines the analogy between biblical interpretation and constitutional interpretation drawn by the eminent Yale church historian Jaroslav Pelikan in his provocative book, Interpreting the Bible and the Constitution. Part I of the Essay focuses on Pelikan’s discussion of the differences and analogies between the Bible and the Constitution that provide the foundation for methodological comparison. Part II of the Essay examines Pelikan’s effort to draw on the work of 19th-century theologian John Henry Newman in order to explore the fundamental problem of the relation between the authority of the original text and the authority of developing doctrine …


Epilogue, Randy Lee Dec 2006

Epilogue, Randy Lee

Randy Lee

No abstract provided.