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Full-Text Articles in Law
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
Cornell Law Faculty Publications
In 1972, Wisconsin v. Yoder presented the Supreme Court with a sharp clash between the state's interest in social reproduction through education -- that is, society's interest in using the educational system to perpetuate its collective way of life among the next generation -- and the parents' interest in religious reproduction -- that is, their interest in passing their religious beliefs on to their children. This Article will take up the challenge of that clash, a clash which continues to be central to current debates over issues like intelligent design in the classroom. This Article engages with the competing theories …
Why Religion In Politics Does Not Violate La Conception Américaine De La Laïcité, Michael J. Perry
Why Religion In Politics Does Not Violate La Conception Américaine De La Laïcité, Michael J. Perry
Indiana Journal of Global Legal Studies
La conception Am6ricaine de la Laĭcité consists principally of a constitutional norm-the nonestablishment norm-and of the laW that the U.S. Supreme Court has developed in the course of enforcing the norm. The nonestablishment norm forbids government-both the national government and state government-to "establish" religion. American laYcit6 also consists of what we may call "the morality of liberal democracy. " My aim in this essay is to explain why religion in politics does not violate American laYcit6; more specifically, my aim is to explain why political reliance on religiously grounded morality violates neither the nonestablishment norm nor the morality of liberal …
Comparing Religions, Legally, Winnifred Fallers Sullivan
Comparing Religions, Legally, Winnifred Fallers Sullivan
Washington and Lee Law Review
No abstract provided.
Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis
Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis
Seattle University Law Review
Part II of this Note discusses the facts leading up to Boone v. State and the First Amendment arguments raised by Boone. Part III offers a brief historical perspective on religion in the American legal system, emphasizing specific developments relevant to Boone's case. Part IV analyzes the court's fatally flawed analysis, and Part V addresses the ramifications of the holding and offers some suggestions.