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Articles 31 - 32 of 32
Full-Text Articles in Law
Religion And Social Coherentism, Nelson Tebbe
Religion And Social Coherentism, Nelson Tebbe
Notre Dame Law Review
Today, prominent academics are questioning the very possibility of a theory of free exercise or non-establishment. They argue that judgments in the area can only be conclusory or irrational. In contrast to such skeptics, this Essay argues that decisionmaking on questions of religious freedom can be morally justified. Two arguments constitute the Essay. Part I begins by acknowledging that skepticism has power. The skeptics rightly identify some inevitable indeterminacy, but they mistakenly argue that it necessarily signals decisionmaking that is irrational or unjustified. Their critique is especially striking because the skeptics’ prudential way of working on concrete problems actually shares …
Quasi-Rights For Quasi-Religious Organizations: A New Framework Resolving The Religious-Secular Dichotomy After Burwell V. Hobby Lobby, Krista M. Pikus
Quasi-Rights For Quasi-Religious Organizations: A New Framework Resolving The Religious-Secular Dichotomy After Burwell V. Hobby Lobby, Krista M. Pikus
Notre Dame Law Review Reflection
This Comment aims to break free of the limiting religious-secular dichotomy by proposing a “quasi-religious” classification in order to achieve a more nuanced assignment of corporate religious exercise rights. Part I addresses the current legal standard for classifying organizations as religious and how the Hobby Lobby decision engaged that standard. Part II identifies and discusses the problems with the religious-secular dichotomy. Lastly, Part III proposes a new solution to the problem of corporate religious exercise rights that transcends the limitations of the religious-secular dichotomy and may also bring clarity to the Hobby Lobby decision.