Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (4)
- Religion Law (4)
- First Amendment (3)
- Law and Politics (3)
- Family Law (2)
-
- Law and Philosophy (2)
- Law and Society (2)
- Arts and Humanities (1)
- Criminal Law (1)
- Fourteenth Amendment (1)
- Housing Law (1)
- Human Rights Law (1)
- Judges (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Labor and Employment Law (1)
- Land Use Law (1)
- Property Law and Real Estate (1)
- Religion (1)
- State and Local Government Law (1)
- Torts (1)
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Law
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Religion And Child Custody, Carl E. Schneider
Religion And Child Custody, Carl E. Schneider
University of Michigan Journal of Law Reform
In this Essay, I want to reflect on some problems at the intersection of religion, law, and the family. Specifically, I will explore the ways courts may consider a parent's religiously motivated behavior in making decisions about the custody of children. More precisely still, I will ask two questions. First, may a court refuse to award custody because of a parent's religiously motivated behavior in a dispute between a natural mother and a natural father? Second, when should a court agree to resolve a dispute between divorced parents over the religious upbringing of their children? These are topics of quiet …
The Casey Conundrum, Bruce Ledewitz
The Casey Conundrum, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Is The Constitutional Concern With Religious Involvement In The Public Square Hostility?, William P. Marshall
Is The Constitutional Concern With Religious Involvement In The Public Square Hostility?, William P. Marshall
Faculty Publications
No abstract provided.
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Faculty Publications
A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Scholarly Articles
None available.
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, Donald L. Beschle
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, Donald L. Beschle
Villanova Law Review
No abstract provided.
Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley
Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley
Journal Articles
Is the First Amendment hostile to religion? Answering that question requires at least the usual professorial ration of caveats. I assure you that I will directly answer the question. I submit, though, that the caveats constitute a more important, deeper response, a response which questions the question itself. Were I more radical in my intellectual sympathies, I would propose to deconstruct the question.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
A Look At God, Feminism, And Tort Law, Randy Lee