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Articles 1 - 9 of 9
Full-Text Articles in Law
May 6, 2009: Judicial Pragmatism And Justice Souter's Replacement, Bruce Ledewitz
May 6, 2009: Judicial Pragmatism And Justice Souter's Replacement, Bruce Ledewitz
Hallowed Secularism
Blog post, “Judicial Pragmatism and Justice Souter's Replacement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 3, 2009: Justice Souter’S Replacement And The Future Of The Establishment Clause, Bruce Ledewitz
May 3, 2009: Justice Souter’S Replacement And The Future Of The Establishment Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “Justice Souter’s Replacement and the Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Empathy And Pragmatism In The Choice Of Constitutional Norms For Religious Land Use Disputes, Elizabeth Reilly
Empathy And Pragmatism In The Choice Of Constitutional Norms For Religious Land Use Disputes, Elizabeth Reilly
Akron Law Faculty Publications
From the perspective of both religious entities and local governments, religious land use requests are best resolved quickly, locally and cooperatively. The traditional framework for addressing religious land use disputes, which the Religious Land Use and Institutionalized Persons Act (RLUIPA)1 adopted, is ill-suited to those goals. Legally, disputes have long been framed as denials of the free exercise of religion – the broadest of all claims and the one requiring the most intrusive and subjective determinations about a particular religious group and its proposed use (what religion is, what a particular sect requires and how religion qua religion is affected …
Empathy And Pragmatism In The Choice Of Constitutional Norms For Religious Land Use Disputes, Elizabeth Reilly
Empathy And Pragmatism In The Choice Of Constitutional Norms For Religious Land Use Disputes, Elizabeth Reilly
Elizabeth Reilly
From the perspective of both religious entities and local governments, religious land use requests are best resolved quickly, locally and cooperatively. The traditional framework for addressing religious land use disputes, which the Religious Land Use and Institutionalized Persons Act (RLUIPA)1 adopted, is ill-suited to those goals. Legally, disputes have long been framed as denials of the free exercise of religion – the broadest of all claims and the one requiring the most intrusive and subjective determinations about a particular religious group and its proposed use (what religion is, what a particular sect requires and how religion qua religion is affected …
Same-Sex Marriage And The Establishment Clause, Geoffrey R. Stone
Same-Sex Marriage And The Establishment Clause, Geoffrey R. Stone
Villanova Law Review
No abstract provided.
Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett
Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett
Villanova Law Review
No abstract provided.
Protestant Dissent And The Virginia Disestablishment, 1776-1786, Carl H. Esbeck
Protestant Dissent And The Virginia Disestablishment, 1776-1786, Carl H. Esbeck
Faculty Publications
In Everson v. Board of Education (1947), the Supreme Court elevated the events surrounding the disestablishment of the Anglican Church in Virginia during and soon after the American Revolution as a principal guide for the meaning of the Establishment Clause. The rule to come out of the Virginia experience is that support for religion should be voluntary thus, no active support by the government. An in-depth examination of James Madison's Memorial and Remonstrance opposing Patrick Henry's Assessment Bill is undertaken here not only because of its role in the Virginia disestablishment, but because it is the most important document on …
The Supreme Court's Hands-Off Approach To Religious Doctrine: An Introduction, Samuel J. Levine
The Supreme Court's Hands-Off Approach To Religious Doctrine: An Introduction, Samuel J. Levine
Scholarly Works
Although the current state of the United States Supreme Court's Religion Clause jurisprudence is an area of considerable complexity, the Court's approach is largely premised upon a number of basic underlying principles and doctrines. This Symposium issue explores an underlying principle of the Supreme Court's current Religion Clause jurisprudence, the Court's hands-off approach to questions of religious practice and belief. The Symposium is based on the program of the Law and Religion Section at the 2008 Annual Meeting of the Association of American Law Schools, in which a panel of leading scholars was asked to evaluate the Court's approach. The …
Making Sense Of The Establishment Clause, Jeffrey Shulman
Making Sense Of The Establishment Clause, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise) as a substantive legal matter, it does make sense as a series of jurisprudential maneuvers by which the Court has sought to make more room for religion in civic life. In fact, there is a method to the “massive jumble... of doctrines and rules” that forms the law of church-state relations. It is the method of a somewhat disorderly retreat from the Constitution’s foundational principle of disestablishment. The accommodations made by the Court to religious belief and conduct have allowed for discrimination against non-religion, edging …