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Full-Text Articles in Law
Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla
Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla
Faculty Scholarship
This Essay addresses how religion simultaneously subordinates Latinas while serving as a source of strength. More specifically, it focuses on Catholicism and how the same church and religion have a fragmented and varied impact on Latinas, particularly Mexican-Americans, with whom I am most familiar.
Towards A Defensible Free Exercise Doctrine, Frederick Mark Gedicks
Towards A Defensible Free Exercise Doctrine, Frederick Mark Gedicks
Faculty Scholarship
Almost from the moment that the Supreme Court abandoned the religious exemption doctrine in Employment Division v. Smith, its defenders have worked to bring it back. More than a decade later, however, Smith remains well-entrenched; not only has the Court confirmed Smith's basic holding, but it also struck the Religious Freedom Restoration Act, Congress's first effort to restore the exemption doctrine, at least as it applied to the states.
Proponents of religious exemptions cannot ignore the hard truth that they can no longer be defended. During the nineteenth and early twentieth centuries, American society viewed the practice of religion-mostly Christian …
Separation And Schools, Kent Greenawalt
Separation And Schools, Kent Greenawalt
Faculty Scholarship
In commenting on these rich papers by Michel Troper and Michael McConnell, I first analyze the implications of legal and political theory for religious liberty and separation of church and state. I then turn to underlying premises of modern liberal theory about moral education and tolerance among citizens. Lastly, I concentrate on separation as it affects the schooling of children. Despite Professor Troper's emphasis on the uniqueness of French understanding and history, I was struck by how closely French problems about schooling, and their possible resolutions, resemble those in the United States.