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Articles 1 - 30 of 114
Full-Text Articles in Law
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
BYU Law Review
No abstract provided.
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
BYU Law Review
No abstract provided.
"Omalous" Autonomy, Perry Dane
Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko
Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko
BYU Law Review
No abstract provided.
Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
BYU Law Review
No abstract provided.
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
BYU Law Review
No abstract provided.
An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston
An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston
BYU Law Review
No abstract provided.
The Iceberg Of Religious Freedom: Subsurface Levels Of Nonestablishment Discourse, Steven Douglas Smith
The Iceberg Of Religious Freedom: Subsurface Levels Of Nonestablishment Discourse, Steven Douglas Smith
University of San Diego Public Law and Legal Theory Research Paper Series
This article discusses three levels of disagreement in establishment clause discourse– or what may be called the “lawyerly,” the “constitutive” (or “culture wars”), and the “philosophical” (or perhaps the “theological”) levels. Disagreement at the first of these levels is everywhere apparent in the way lawyers and justices and scholars write and argue; disagreement at the second level is somewhat less obtrusive but still easily discernible; disagreement at the third level is almost wholly beneath the surface. The manifest indeterminacy of lawyerly arguments suggests that in this area, premises are more likely to be derived from favored conclusions, not the other …
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
ExpressO
Locke v. Davey is an exemplar of the new generation of Establishment clause cases that, particularly in Zelman v. Simmons-Harris, have written into law a safe harbor, private choice, for governmental benefits that find their way into the coffers of religious institutions in amounts that are neither incidental nor trivial. In Locke the options presented in the private choice arguably infringed upon Free Exercise rights-- the dilemma that gives rise to the title of this article. Over the vigorous dissent of Justice Scalia, the Locke Court’s analysis of the permissibility of the conditioned benefit was based upon the argument that …
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
Cornell Law Faculty Publications
Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …
The Autonomy Of Church And State, Brett G. Scharffs
The Autonomy Of Church And State, Brett G. Scharffs
BYU Law Review
No abstract provided.
The Death Penalty As Delineated By The Old Testament: From Adam And Eve To Cain And Abel To Noah And The Flood To Abraham And Sodom To Moses And The Ten Commandments, Biblical Passages Trace The Roots For How Modern Society Deals With The Execution Of Killers, Robert Blecker
Other Publications
No abstract provided.
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
BYU Law Review
No abstract provided.
The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg
The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg
BYU Law Review
No abstract provided.
Introduction, Kevin J. Worthen
Three Concepts Of Church Autonomy, Ronald R. Garet
Three Concepts Of Church Autonomy, Ronald R. Garet
BYU Law Review
No abstract provided.
Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet
Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet
BYU Law Review
No abstract provided.
More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
BYU Law Review
No abstract provided.
Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck
Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck
BYU Law Review
No abstract provided.
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.
Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law
Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Politics And Communion: A Bishop's Response To Segregationists, Vincent Rougeau
Politics And Communion: A Bishop's Response To Segregationists, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
Introduction, Brett G. Scharffs
Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey
Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey
BYU Law Review
No abstract provided.
The Establishment Clause Gag Reflex, Frederick Mark Gedicks
The Establishment Clause Gag Reflex, Frederick Mark Gedicks
BYU Law Review
Some outcomes of Establishment Clause cases are better defended on realist rather than doctrinal grounds - that is, not on the basis of supposedly neutral principles, but by reference to some assessment of the kinds of church-state interactions that most Americans would tolerate. I call this the Establishment Clause gag reflex.
A constitutional gag reflex refers to the instinctive intellectual revulsion one might feel in response to the doctrine or holding of a case. For example, a contemporary judicial decision countenancing permanent denial of citizenship to racial minorities, or that denied to such minorities liberty or equality rights enjoyed by …
The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch
The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch
BYU Law Review
No abstract provided.
The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital 1873-1973, Douglas R. Miller
The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital 1873-1973, Douglas R. Miller
ExpressO
The thirtieth anniversary of Roe v. Wade found our country no less divided over abortion than it was during the era of its prohibition. As the bitter struggle over judicial nominations throughout the present administration suggests, abortion’s future remains at the forefront of American political debate.
In their push for increased limitations, abortion opponents generally overlook the historical consequences of prohibition. Abortion rights proponents often invoke history in their opposition to new restrictions, but tend to do so superficially, and only in a manner that supports their position.
This article attempts a more complex study of criminal abortion’s legal and …
When Prisoners Are Weary And Their Religious Exercise Burdened, Rluipa Provides Some Rest For Their Souls, Anne Y. Chiu
When Prisoners Are Weary And Their Religious Exercise Burdened, Rluipa Provides Some Rest For Their Souls, Anne Y. Chiu
Washington Law Review
The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) prohibits state and local governments from substantially burdening a prisoner's exercise of religion unless the government can show that its action is the least restrictive means of furthering a compelling governmental interest. Prior to RLUIPA, courts subjected prisoners' claims of violations of their right to exercise their religion to a "rational-relationship" standard. Because RLUIPA ("the Act") places a "strict scrutiny" standard on government actions burdening prisoners' religious exercise, the Act is a legislative accommodation of religion. Under Lemon v. Kurtzman, legislative accommodations violate the Establishment Clause if their …
Handling The Truth, Kenneth Lasson
Competing Visions Of The Corporation In Catholic Social Thought, Mark A. Sargent
Competing Visions Of The Corporation In Catholic Social Thought, Mark A. Sargent
Working Paper Series
Catholic Social Thought (CST) is coherent body of principles concerning the organization of social and economic life drawing on the inspiration of natural law, Thomism, the Gospel and the tradition of Christian personalism. While valuing the creative energy of capitalism and its contributions to the production of wealth, it is often highly critical of the inequalities generated by capitalism, its tendency to promote materialistic consumerism and capital's devaluation of the dignity of work. While not easily characterizable as "right" or "left", CST thinking about corporate social responsibility and corporate governance has become split between interpretations emphasizing the importance of economic …