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Full-Text Articles in Law
Taking Stock Of The Religion Clauses, John D. Inazu
Taking Stock Of The Religion Clauses, John D. Inazu
Scholarship@WashULaw
After a few decades of relative quiet, the Supreme Court has in recent years focused once again on the religion clauses and related statutes.
Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
No abstract provided.
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
Popular Media
No abstract provided.
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Popular Media
No abstract provided.
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Popular Media
No abstract provided.
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Faculty Publications
No abstract provided.
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Appellate and Supreme Court Clinic
No abstract provided.
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Appellate and Supreme Court Clinic
No abstract provided.
Do Religious Tax Exemptions Entangle In Violation Of The Establishment Clause? The Constitutionality Of The Parsonage Allowance Exclusion And The Religious Exemptions Of The Individual Health Care Mandate And The Fica And Self-Employment Taxes, Edward A. Zelinsky
Articles
In Freedom From Religion Foundation v. Geithner, the Freedom From Religion Foundation (FFRF) argues that Code Section 107 and the income tax exclusion that section grants to “minister[s] of the gospel” for parsonage allowances violate the Establishment Clause of the First Amendment. This case has important implications for a new federal law mandating that individuals maintain “minimum essential” health care coverage for themselves and their dependents. That mandate contains two religious exemptions. One of these exemptions incorporates a pre-existing religious exemption from the federal self-employment tax. These sectarian exemptions raise the same First Amendment issues as does the Code’s exclusion …
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
Faculty Scholarship
No abstract provided.
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Faculty Publications
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
Ten Questions On Gay Rights And Freedom Of Religion, Wilson Huhn
Ten Questions On Gay Rights And Freedom Of Religion, Wilson Huhn
Akron Law Faculty Publications
In my opinion most of the legal and social problems that arise under the Constitution stem from the belief, held by some people, that they are better than other people. They do not hate anyone. They simply believe that they are superior and that the law ought to treat them better than the other group. This is true of whites who think they are superior to blacks, men who think they are superior to women, and heterosexuals who think they are superior to homosexuals.
People have often justified these types of beliefs by appeal to religion and have attempted to …
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Faculty Publications
No abstract provided.
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Faculty Publications
In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …
The Story Of A Forgotten Battle, Nathan B. Oman
The Story Of A Forgotten Battle, Nathan B. Oman
Faculty Publications
No abstract provided.
On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins
On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins
Faculty Publications
No abstract provided.
Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
Faculty Publications
No abstract provided.
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Faculty Articles
Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Faculty Publications
No abstract provided.
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Faculty Publications
Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …
Struck V. Secretary Of Defense, Lewis F. Powell Jr.
Struck V. Secretary Of Defense, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.