Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (84)
- First Amendment (78)
- Religion Law (66)
- Education Law (22)
- Jurisprudence (8)
-
- Courts (7)
- Supreme Court of the United States (7)
- Civil Rights and Discrimination (6)
- Law and Society (6)
- State and Local Government Law (6)
- Labor and Employment Law (3)
- Law and Gender (3)
- Family Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Judges (2)
- Law and Politics (2)
- Legal Ethics and Professional Responsibility (2)
- Legal History (2)
- Legislation (2)
- Sexuality and the Law (2)
- Tax Law (2)
- Administrative Law (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Civil Procedure (1)
- Common Law (1)
- Conflict of Laws (1)
- Construction Law (1)
- Institution
-
- Pepperdine University (20)
- West Virginia University (15)
- Touro University Jacob D. Fuchsberg Law Center (13)
- Villanova University Charles Widger School of Law (12)
- Case Western Reserve University School of Law (11)
-
- Vanderbilt University Law School (11)
- Washington and Lee University School of Law (11)
- University of Kentucky (10)
- Fordham Law School (8)
- Notre Dame Law School (8)
- The University of Akron (7)
- Campbell University School of Law (6)
- Santa Clara Law (6)
- Cleveland State University (5)
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- Northwestern Pritzker School of Law (2)
- University of Maine School of Law (2)
- University of Michigan Law School (2)
- University of Missouri School of Law (2)
- Chicago-Kent College of Law (1)
- Golden Gate University School of Law (1)
- Lincoln Memorial University (1)
- Mitchell Hamline School of Law (1)
- SJ Quinney College of Law, University of Utah (1)
- Seattle University School of Law (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts School of Law (1)
- Publication Year
- Publication
-
- Pepperdine Law Review (19)
- West Virginia Law Review (15)
- Touro Law Review (12)
- Villanova Law Review (12)
- Case Western Reserve Law Review (11)
-
- Washington and Lee Law Review (11)
- Kentucky Law Journal (10)
- Vanderbilt Law Review (10)
- Notre Dame Law Review (8)
- Campbell Law Review (6)
- Fordham Law Review (6)
- Santa Clara Law Review (6)
- Cleveland State Law Review (5)
- ConLawNOW (4)
- Akron Law Review (3)
- University of Arkansas at Little Rock Law Review (3)
- Fordham Urban Law Journal (2)
- Maine Law Review (2)
- Michigan Law Review (2)
- Missouri Law Review (2)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- Golden Gate University Law Review (1)
- Journal of Race, Gender, and Ethnicity (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Lincoln Memorial University Law Review Archive (1)
- Maryland Law Review (1)
- Mitchell Hamline Law Review (1)
- Northwestern Journal of Law & Social Policy (1)
- Northwestern University Law Review (1)
Articles 1 - 30 of 170
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 …
Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas
Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas
Journal of Race, Gender, and Ethnicity
No abstract provided.
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.
The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril
The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril
Northwestern Journal of Law & Social Policy
This article addresses the Trump administration’s consistent misinterpretation and misapplication of legal precedent to support unnecessary religious exemptions that exceed Constitutional mandates and impair the rights of third parties to access federal services and programs. Proponents of this routinized repeal of civil rights protections argue that the Trump administration is merely restoring the correct balance of religious liberties in the federal government. However, the regulations and policies included in this campaign unconstitutionally broaden the already robust religious protections provided by statutes and court decisions and have the effect of dismantling the civil rights infrastructure of the past 50 years.
Despite …
As Winding As The Serpentine Wall: Tennessee's Adoption Statute Under Lemon, Thomas Rader
As Winding As The Serpentine Wall: Tennessee's Adoption Statute Under Lemon, Thomas Rader
Lincoln Memorial University Law Review Archive
This comment argues that Tenn. Code Ann. 36-1-147 is unconstitutional under both the Tennessee and U.S. Constitutions by demonstrating that the test outlined in Lemon v. Kurzman is appropriate for legislation of this kind, as it is a statute regulating a secular activity in which religious institutions participate. The Comment continues by diving into the legislative history of 36-1-147 before faithfully applying the Lemon test to the statute at hand.
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, …
Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, Michael A. Helfand
Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, Michael A. Helfand
San Diego Law Review
In the recent culture wars, traditionalists and progressives have clashed over dueling conceptions of family, sexuality and religion—manifested in debates over abortion, contraception, and same-sex marriage. Caught in this conflict has been a political and cultural reassessment of religious liberty; a doctrine originally seen as necessary to protect faith commitments from majoritarian persecution, the public salience of religious liberty has waned as it has clashed with the rights of women and LGBT people. And these evolving commitments to dueling rights have triggered religious, political, and ideological realignments, generating new alliances across political and faith communities.
In this new environment, both …
Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till
SMU Law Review
Natural disasters are on the rise and religious organizations, the same organizations that came to victims’ rescue in the wake of the last natural disaster, are often left in the path of destruction. Under President Trump’s administration, FEMA recently amended its disaster assistance program to provide funding for religious organizations. Opponents argue this amendment is a violation of the Establishment Clause, while proponents argue the amended plan finally gives religious organizations the fair treatment they deserve. This new aid program needs to be modified and restricted. Though there is clear precedent to support providing some Public Assistance funding to religious …
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 …
Tradition, Policy And The Establishment Clause: Justice Kennedy's Opinion In Town Of Greece V. Galloway, Wilson Huhn
Tradition, Policy And The Establishment Clause: Justice Kennedy's Opinion In Town Of Greece V. Galloway, Wilson Huhn
ConLawNOW
The great jurisprudential battle that has raged in the Supreme Court for more than a century and the question that our society has struggled with since the advent of the Civil War is whether the Constitution is a command by our ancestors that we retain the same political structures, social hierarchies, and cultural traditions that they had, or whether it reflects ideals of liberty, equality, fairness, and tolerance that they aspired to and that they expected us to reach for. That struggle between rules and standards, doctrine and principles, conventionalism and consequentialism, tradition and policy in the interpretation of the …
Prayer And The Meaning Of The Establishment Clause: A Debate On Town Of Greece V. Galloway, Patrick M. Garry
Prayer And The Meaning Of The Establishment Clause: A Debate On Town Of Greece V. Galloway, Patrick M. Garry
ConLawNOW
Greece v. Galloway involved the constitutionality of the town of Greece’s practice of opening its monthly town board meetings with an invocation given by a volunteer chaplain of the month. The issue in Greece was not the appropriateness, sensitivity, or wisdom of the prayers, nor whether some people are offended by the prayers.
The Establishment Clause is not about feelings, just as the Speech Clause is not about the feelings of people who disagree with or are offended by other people’s speech. The Establishment Clause is not an individual rights clause; it is a clause focused on the institutional liberty …
The Unconstitutionality Of Ohio's House Bill 125: The Heartbeat Bill As Analyzed Under The First Amendment Of The United States Constitution, Jessica L. Knopp
The Unconstitutionality Of Ohio's House Bill 125: The Heartbeat Bill As Analyzed Under The First Amendment Of The United States Constitution, Jessica L. Knopp
ConLawNOW
This article examines the constitutionality of Ohio’s controversial House Bill 125 (“H.B. 125”), which includes new restrictions and requirements for abortion procedures performed in Ohio. The author argues that, while the new abortion measures conflict with the Supreme Court’s Fourteenth Amendment jurisprudence established in Roe v. Wade and in Planned Parenthood v. Casey, H.B. 125 also violates the Establishment Clause of the First Amendment by imputing religious beliefs about conception and the value of life onto all Ohioans.
The article first outlines the current legal framework for constitutionally acceptable and unacceptable abortion restrictions, including a discussion of informed consent …
Ten Questions On Gay Rights And Freedom Of Religion, Wilson R. Huhn
Ten Questions On Gay Rights And Freedom Of Religion, Wilson R. Huhn
ConLawNOW
I have prepared a series of ten questions that will progressively narrow the issues concerning gay rights and free exercise rights until we come to the principal point upon which Professor Dent and I disagree – the definition and application of the principle of equality.
Minimizing Liability For Church-Related Counseling Services: Clergy Malpractice And First Amendment Religion Clauses, Constance Frisby Fain
Minimizing Liability For Church-Related Counseling Services: Clergy Malpractice And First Amendment Religion Clauses, Constance Frisby Fain
Akron Law Review
Part II of this article presents a discussion of the clergyperson’s duty of care to parishioners. Part III addresses clergy malpractice, which focuses on negligent pastoral counseling and judicial analyses of such claims. Part IV examines First Amendment defenses to clergy malpractice and other tort claims against pastors, churches and other religious organizations with emphasis on the religion clauses. Finally, Part V suggests various methods of minimizing liability for church-related counseling services.
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 …
Religion In The Schools: On Prayer, Neutrality, And Sectarian Perspectives, Mark Strasser
Religion In The Schools: On Prayer, Neutrality, And Sectarian Perspectives, Mark Strasser
Akron Law Review
About sixty years ago the United States Supreme Court decided Everson v. Board of Education, a case marking the beginning of modern Establishment Clause jurisprudence. Since then, in cases ranging from challenges to programs providing on-site religious education during school hours to challenges of school refusals to permit after-school lectures from a religious perspective, the Court has had several opportunities to clarify the respects in which religious education may be associated with public schools without violating constitutional guarantees. The Court’s analysis of the implicated issues has been remarkably inconsistent, both in tone and in substance. Indeed, the reasoning most recently …
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.