Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (18)
- Touro University Jacob D. Fuchsberg Law Center (11)
- West Virginia University (11)
- Villanova University Charles Widger School of Law (7)
- Cleveland State University (5)
-
- Vanderbilt University Law School (5)
- University of Kentucky (4)
- Campbell University School of Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Maine School of Law (2)
- University of Michigan Law School (2)
- Washington and Lee University School of Law (2)
- Mitchell Hamline School of Law (1)
- Northwestern Pritzker School of Law (1)
- SJ Quinney College of Law, University of Utah (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- University of Massachusetts School of Law (1)
- University of Oklahoma College of Law (1)
- Publication Year
- Publication
-
- Pepperdine Law Review (17)
- Touro Law Review (11)
- West Virginia Law Review (11)
- Villanova Law Review (7)
- Cleveland State Law Review (5)
-
- Vanderbilt Law Review (5)
- Kentucky Law Journal (4)
- Campbell Law Review (2)
- Maine Law Review (2)
- Michigan Law Review (2)
- Washington and Lee Law Review (2)
- Akron Law Review (1)
- Catholic University Law Review (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Mitchell Hamline Law Review (1)
- Northwestern University Law Review (1)
- Oklahoma Law Review (1)
- The Journal of Appellate Practice and Process (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Massachusetts Law Review (1)
- Utah Law Review (1)
Articles 1 - 30 of 78
Full-Text Articles in Law
Assessing The Future Of “Offended Observer” Standing In Establishment Clause Cases, Larry J. Obhof
Assessing The Future Of “Offended Observer” Standing In Establishment Clause Cases, Larry J. Obhof
Cleveland State Law Review
This Article looks at the anomaly of “offended observer” standing in Establishment Clause challenges. It calls for greater consistency in the courts’ application of constitutional standing requirements.
Under Article III, Plaintiffs seeking to raise claims in federal court must allege a concrete and particularized injury in fact in order to support federal jurisdiction. Likewise, plaintiffs seeking to challenge a government policy must allege a unique injury that is separate from the interests of the public at large. The notable exception is where plaintiffs claim personal offense at alleged government entanglement in religion. These “offended observers” are frequently given access to …
Fundamental Funds: Tax Credits And The Increasing Tension Between The Free Exercise Clause And Establishment Clause—Espinoza V. Montana Department Of Revenue, 140 S. Ct. 2246 (2020), Elizabeth Jacobson
Mitchell Hamline Law Review
No abstract provided.
Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson
Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson
Washington and Lee Law Review
The United States was founded in part on the principle of freedom of religion, where citizens were free to practice any religion. The founding fathers felt so strongly about this principle that it was incorporated into the First Amendment. The Free Exercise Clause states that “Congress shall make no law . . . prohibiting the free exercise thereof . . . .” The Supreme Court later adopted the neutral principles approach to avoid Free Exercise violations resulting from courts deciding real property disputes. Without the application of the same neutral principles to intellectual property disputes between churches, however, there is …
The Locke Exception: What Trinity Lutheran Means For The Future Of State Blaine Amendments, Christopher Tyler Prosser
The Locke Exception: What Trinity Lutheran Means For The Future Of State Blaine Amendments, Christopher Tyler Prosser
Pepperdine Law Review
At its core, this Article is about whether states have the discretion to discriminate against religious organizations by excluding them from generally available secular government aid programs. In the wake of the Supreme Court’s 2004 decision in Locke v. Davey, the federal courts have developed conflicting interpretations of whether the Court’s holding in Locke permits states to exclude religious organizations from generally available secular aid programs. However, the Court’s 2017 decision in Trinity Lutheran v. Comer has cast doubt on the ability of states to exclude religious organizations from such programs and seemingly restricts the Court’s prior decision in Locke …
Legislative Prayer: Historical Tradition And Contemporary Issues, Chad West
Legislative Prayer: Historical Tradition And Contemporary Issues, Chad West
Utah Law Review
The Establishment Clause of the First Amendment provides that “Congress shall make no law respecting an establishment of religion . . . .”1 There is a great deal of confusion among scholars, lower federal courts, and the Justices of the Supreme Court over appropriate Establishment Clause principles,2 but it is at least clear that the government “may not coerce anyone to support or participate in religion or its exercise, or otherwise act in a way which establishes a state religion or religious faith, or tends to do so.”3 It has long been settled that state and local legislative bodies may, …
Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne
Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne
Maine Law Review
The United States Supreme Court has struggled with the countervailing directives of the Free Exercise Clause and the Establishment Clause for decades. One area in which this battle has been particularly contentious is the issue of public funding of religious schools. On one hand, opponents argue that such funding is an impermissible co-mingling of church and state, thereby violating the Establishment Clause. Meanwhile, proponents of public funding of religious schools argue that, to withhold funding from religious schools would place a burden on those wishing to send their children to religious schools, thereby impermissibly preventing individuals from practicing their faith …
Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin
Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin
Maine Law Review
Religious wars have broken out around the country about the legality of gay marriage, the consequences of gay ordination for property ownership, the funding of faith-based organizations and the placement of crosses and Ten Commandments (but not Seven Aphorisms) on public land. To resolve such impassioned disputes, Americans traditionally look to the Religion Clauses of the First Amendment, which state "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Unfortunately, the Court's modern decisions interpreting those clauses have shed more heat than light on the discussion and have provoked ongoing controversy instead of …
Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella
Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella
West Virginia Law Review
No abstract provided.
To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Shah Arora
To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Shah Arora
Washington and Lee Law Review
When should we accommodate religious practices? When should we demand that religious groups instead conform to social or legal norms? Who should make these decisions, and how? These questions lie at the very heart of our contemporary debates in the field of Law and Religion.
Particularly thorny issues arise where religious practices may impose health-related harm to children within a religious group or to third parties. Unfortunately, legislators, courts, scholars, ethicists, and medical practitioners have not offered a consistent way to analyze such cases, so the law is inconsistent. This Article suggests, first, that the lack of consistency is a …
Thomas Jefferson And The Establishment Clause, Mark J. Chadsey
Thomas Jefferson And The Establishment Clause, Mark J. Chadsey
Akron Law Review
The purpose of this paper is to ask whether the historical record actually supports either of these assumptions. A note about my mode of analysis is necessary at this juncture. When inquiring about Jefferson’s influence on the Establishment Clause, it is important to focus on the entire process by which it was adopted rather than its mere introduction by Madison in the House of Representatives. Its adoption, after all, required the assent of two-thirds of both chambers of Congress, three-fourths of the state legislatures, and the support of a majority of the American public. Without the requisite support of all …
Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin
Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin
Touro Law Review
No abstract provided.
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin
Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin
Pepperdine Law Review
The article focuses on role of the U.S. courts in confronting religious laws in dispute resolution of various cases of domestic relations, contracts, and torts. Topics discussed include role of secular courts in maintaining constitutional balance between the free exercise and establishment clauses, constitutional challenges faced by religious adherents, and importance of legal pluralism in the U.S.
Rethinking The “Religious-Question” Doctrine, Christopher C. Lund
Rethinking The “Religious-Question” Doctrine, Christopher C. Lund
Pepperdine Law Review
The “religious question” doctrine is a well-known and commonly accepted notion about the First Amendment’s Religion Clauses. The general idea is that, in our system of separated church and state, courts do not decide religious questions. And from this premise, many things flow — including the idea that courts must dismiss otherwise justiciable controversies when they would require courts to resolve religious questions. Yet a vexing thought arises. The religious-question doctrine traditionally comes out of a notion that secular courts cannot resolve metaphysical or theological issues. But when one looks at the cases that courts have been dismissing pursuant to …
The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe
The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe
Pepperdine Law Review
In recent work, Steven Smith argues that the American tradition of religious freedom is newly imperiled and may even be nearing exhaustion. This Review puts to one side the substance of that argument and focuses instead on what the stakes might be, should it turn out to be correct. It concludes that the consequences would not be as severe as many people fear.
Doe V. Elmbrook School District And The Importance Of Refocusing Establishment Clause Jurisprudence, Julie M. Karaba
Doe V. Elmbrook School District And The Importance Of Refocusing Establishment Clause Jurisprudence, Julie M. Karaba
Northwestern University Law Review
No abstract provided.
2007 National Lawyer’S Convention The Federalist Society And Its Federalism And Separation Of Powers Practice Groups Present A Panel Debate On Federalism: Religion, Early America And The Fourteenth Amendment, John Eastman, Marci Hamilton, William H. Pryor Jr.
2007 National Lawyer’S Convention The Federalist Society And Its Federalism And Separation Of Powers Practice Groups Present A Panel Debate On Federalism: Religion, Early America And The Fourteenth Amendment, John Eastman, Marci Hamilton, William H. Pryor Jr.
University of Massachusetts Law Review
Transcript of the Federalist Society and its Federalism and Separation of Powers Practice Groups panel debate at the 2007 National Lawyers Convention including panelists Dean John Eastman of Chapman University School of Law, Professor Marci Hamilton of the Benjamin N. Cardozo School of Law, and moderated by Hon. William H. Pryor Jr. of the U.S. Court of Appeals, Eleventh Circuit.
The Week After, Lawrence K. Karlton
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Touro Law Review
No abstract provided.
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Curtailing The First Amendment Protection To Discovery, Silvia Durri
Curtailing The First Amendment Protection To Discovery, Silvia Durri
Touro Law Review
No abstract provided.
Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey
Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey
Pepperdine Law Review
No abstract provided.
Unemployment Insurance And The Religion Clauses Of The United States Constitution, David J. Agatstein
Unemployment Insurance And The Religion Clauses Of The United States Constitution, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Pepperdine Law Review
Justice Hugo L. Black served on the United States Supreme Court over a period of thirty-four years, encompassing Supreme Court terms from 1937 to 1971. During this period, the subject of the constitutional limitations of the freedom of religion was increasingly subjected to intense social pressures. Justice Black figured prominently in the development of constitutional law as the Supreme Court attempted to give meaning to the establishment and free exercise clause of the first amendment. He wrote the majority opinions which dealt with the establishment clause in the Everson, McCulloin, Engel and Torcaso cases. Yet, on later occasions, Justice Black …
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Pepperdine Law Review
No abstract provided.
Some Observations On The Establishment Clause, William French Smith
Some Observations On The Establishment Clause, William French Smith
Pepperdine Law Review
As evidenced by current interpretations of the establishment clause, lower federal court decisions indicate an increased tendency of hostility toward religion. In this article, Attorney General William French Smith surveys the history of the establishment clause and Supreme Court decisions regarding religious issues. Attorney General Smith then notes the recent success of the Reagan Administration's efforts, through amicus curiae briefs, to advocate an interpretation of the establishment clause which permits the states to take an attitude of benevolent neutrality toward religion. The article then concludes that such a position is both historically and judicially sound.
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Pepperdine Law Review
No abstract provided.
Why Non-Discrimination Policies In Higher Education Require A Second Look: The Battle For First Amendment Freedom In The University Setting, Rebecca D. Ryan
Why Non-Discrimination Policies In Higher Education Require A Second Look: The Battle For First Amendment Freedom In The University Setting, Rebecca D. Ryan
Catholic University Law Review
No abstract provided.
Board Of Education Of Kiryas Joel Village School District V. Grunet: The Supreme Court Shall Make No Law Defining An Establishment Of Religion, Joanne Kuhns
Pepperdine Law Review
No abstract provided.