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Full-Text Articles in Law

Religious Symbols And The Establishment Clause, Neal Devins Sep 2019

Religious Symbols And The Establishment Clause, Neal Devins

Neal E. Devins

No abstract provided.


Religious Tests And The British Monarchy, Nathan B. Oman Sep 2019

Religious Tests And The British Monarchy, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Story Of A Forgotten Battle, Nathan B. Oman Sep 2019

The Story Of A Forgotten Battle, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Need For A Law Of Church And Market, Nathan B. Oman Sep 2019

The Need For A Law Of Church And Market, Nathan B. Oman

Nathan B. Oman

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …


Fundamentalist Schools And The Law, Neal Devins Sep 2019

Fundamentalist Schools And The Law, Neal Devins

Neal E. Devins

No abstract provided.


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Sep 2019

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Vivian E. Hamilton

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Sep 2019

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Religion In The Public Square, Davison M. Douglas Sep 2019

Religion In The Public Square, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky Jun 2017

Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Church-State Relationships In America, Gerry Bradley Mar 2015

Church-State Relationships In America, Gerry Bradley

Gerard V. Bradley

Although the Supreme Court has stated that the framers of the Constitution erected a wall of separation between church and state, history shows that collective political activity in the United States has been and remains an intensely religious enterprise. Despite seemingly clear agreement on the principle of separation, what that principle entails in controversies involving not only the activities and demands of religious groups but the Court itself has proved contentious. Professor Bradley's book is the most comprehensive analysis of the subject attempted to date. It offers a detailed exploration of the historical meaning of the Establishment Clause of the …


Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett Nov 2013

Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett

Richard W Garnett

In recent years, several prominent scholars have called attention to the importance and role of First Amendment institutions and there is a growing body of work informed by an appreciation for what Professor Balkin calls the infrastructure of free expression. The freedom of expression, he suggests, requires more than mere absence of government censorship or prohibition to thrive; [it] also require[s] institutions, practices and technological structures that foster and promote [it]. The intuition animating this scholarship, then, is that the freedom of expression is not only enjoyed by and through, but also depends on the existence and flourishing of, certain …


Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur Dec 2011

Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur

Gregory A. Kalscheur, S.J.

What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …


Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith Dec 2011

Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith

Steven D. Smith

No abstract provided.


Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis Dec 2002

Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

In industrial societies where civil law and state institutions have become well-established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a …


Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis Dec 2002

Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

In industrial societies where civil law and state institutions have become well-established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a …