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First Amendment

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William & Mary Law Review

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Freedom of Religion

Articles 1 - 7 of 7

Full-Text Articles in Law

Religious Freedom Through Market Freedom: The Sherman Act And The Marketplace For Religion, Barak D. Richman Mar 2019

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 Oct 2008

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 Mar 2001

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 Mar 2001

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 Jun 1997

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 Oct 1967

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 Apr 1964

The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld

William & Mary Law Review

No abstract provided.