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First Amendment

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Brigham Young University Law School

Journal

2004

Articles 1 - 18 of 18

Full-Text Articles in Law

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady Dec 2004

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

BYU Law Review

No abstract provided.


Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler Dec 2004

Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler

BYU Law Review

No abstract provided.


"Omalous" Autonomy, Perry Dane Dec 2004

"Omalous" Autonomy, Perry Dane

BYU Law Review

No abstract provided.


Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko Dec 2004

Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko

BYU Law Review

No abstract provided.


Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle Dec 2004

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.


Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall Dec 2004

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

BYU Law Review

No abstract provided.


An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston Dec 2004

An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston

BYU Law Review

No abstract provided.


The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg Nov 2004

The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg

BYU Law Review

No abstract provided.


Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton Nov 2004

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

BYU Law Review

No abstract provided.


Introduction, Kevin J. Worthen Nov 2004

Introduction, Kevin J. Worthen

BYU Law Review

No abstract provided.


More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey Nov 2004

More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey

BYU Law Review

No abstract provided.


Introduction, Brett G. Scharffs Sep 2004

Introduction, Brett G. Scharffs

BYU Law Review

No abstract provided.


Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey Sep 2004

Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey

BYU Law Review

No abstract provided.


The Establishment Clause Gag Reflex, Frederick Mark Gedicks Sep 2004

The Establishment Clause Gag Reflex, Frederick Mark Gedicks

BYU Law Review

Some outcomes of Establishment Clause cases are better defended on realist rather than doctrinal grounds - that is, not on the basis of supposedly neutral principles, but by reference to some assessment of the kinds of church-state interactions that most Americans would tolerate. I call this the Establishment Clause gag reflex.

A constitutional gag reflex refers to the instinctive intellectual revulsion one might feel in response to the doctrine or holding of a case. For example, a contemporary judicial decision countenancing permanent denial of citizenship to racial minorities, or that denied to such minorities liberty or equality rights enjoyed by …


The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch Sep 2004

The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch

BYU Law Review

No abstract provided.


The Menace Of Neutrality In Religion, Gabriel A. Moens May 2004

The Menace Of Neutrality In Religion, Gabriel A. Moens

BYU Law Review

No abstract provided.


Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph D. Mawdsley Mar 2004

Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow Mar 2004

Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow

Brigham Young University Journal of Public Law

No abstract provided.