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Full-Text Articles in Law
First Amendment “Harms”, Stephanie H. Barclay
First Amendment “Harms”, Stephanie H. Barclay
Indiana Law Journal
What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …
Devotion ̶T̶O̶ And The Rule Of Law: Acknowledging The Role Of Religious Values In Judicial Decision-Making, Priya Purohit
Devotion ̶T̶O̶ And The Rule Of Law: Acknowledging The Role Of Religious Values In Judicial Decision-Making, Priya Purohit
Indiana Law Journal
This Comment advocates for the acknowledgment of religious values in judicial decision-making in three parts. Part I explores the role of religion in American politics, and more specifically, the role of religion in federal judicial confirmation hearings and state-level judicial elections. Membership to an institutionalized religion often performs an essential gatekeeping function when it comes to assessing the background or personal values of a candidate for political or judicial office. The initially positive role of religion in judicial selection processes suggests that the practice of refusing to acknowledge the role that religion likely already plays in judicial decision-making is wholly …
Taking Politics Religiously: Can Free Exercise And Establishment Clause Cases Illuminate The Law Of Democracy?, Pamela S. Karlan
Taking Politics Religiously: Can Free Exercise And Establishment Clause Cases Illuminate The Law Of Democracy?, Pamela S. Karlan
Indiana Law Journal
Harris Lecture delivered at Indiana University School of Law-Bloomington on February 16, 2007.
Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes
Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes
Indiana Law Journal
No abstract provided.