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Full-Text Articles in Law
Religious Freedom Through Market Freedom: The Sherman Act And The Marketplace For Religion, Barak D. Richman
Religious Freedom Through Market Freedom: The Sherman Act And The Marketplace For Religion, Barak D. Richman
William & Mary Law Review
In prior work, I examined certain restraints by private religious organizations and concluded that the First Amendment did not immunize these organizations from antitrust liability. In short, the First Amendment did not preempt enforcing the Sherman Act against certain religious monopolies or cartels.
This Article offers a stronger argument: First Amendment values demand antitrust enforcement. Because American religious freedoms, enshrined in the Constitution and reflected in American history, are quintessentially exercised when decentralized communities create their own religious expression, the First Amendment’s religion clauses are best exemplified by a proverbial marketplace for religions. Any effort to stifle a market organization …
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
William & Mary Law Review
No abstract provided.
Accommodation And Equal Liberty, Lisa Schultz Bressman
Accommodation And Equal Liberty, Lisa Schultz Bressman
William & Mary Law Review
No abstract provided.
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
William & Mary Law Review
No abstract provided.
The Free Exercise Thereof, Stephen L. Carter
The Free Exercise Thereof, Stephen L. Carter
William & Mary Law Review
No abstract provided.
The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey
The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey
William & Mary Law Review
No abstract provided.
The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld
The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld
William & Mary Law Review
No abstract provided.