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Full-Text Articles in Law
Religious Symbols And The Establishment Clause, Neal Devins
Religious Symbols And The Establishment Clause, Neal Devins
Neal E. Devins
No abstract provided.
Religious Tests And The British Monarchy, Nathan B. Oman
Religious Tests And The British Monarchy, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Story Of A Forgotten Battle, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
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
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
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
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
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
Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Church-State Relationships In America, Gerry Bradley
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
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
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
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
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
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 …