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Articles 1 - 21 of 21
Full-Text Articles in Law
The First Stone Of The Death Penalty, Bruce Ledewitz
The First Stone Of The Death Penalty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
A Coherent Methodology For First Amendment Speech And Religion Clause Cases, Thomas R. Mccoy
A Coherent Methodology For First Amendment Speech And Religion Clause Cases, Thomas R. Mccoy
Vanderbilt Law Review
It seems clear that any deliberate effort by government to impose religious orthodoxy will be held unconstitutional per se. A religiously motivated restriction on disfavored religious practices will be held to violate the Free Exercise Clause. Similarly, a religiously motivated attempt to promote or subsidize favored religious practices will be held to violate the Establishment Clause. These complimentary restrictions are now so ingrained in our political culture that the legislatures rarely transgress them.
The problem that has bedeviled the Supreme Court for many years is that government regulatory schemes and benefit programs designed to serve purely nonreligious objectives inevitably impact …
God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan
God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan
James M. Donovan
This Article first discusses the judicial deliberations upon the definition of religion. That discussion adopts a chronological sequence because, in legal matters, that is the one that counts.
It can be a tedious, but not particularly difficult task to summarize the legal struggle to define religion. The strategy applied to evaluate the product of that struggle is intellectual triangulation, whereby bearings from two fixed positions are used to specify that of that third. By analogy, the correct definition of "religion" can be identified by finding where the legal efforts intersect with an independent sighting of the same target. Where this …
God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan
God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan
Law Faculty Scholarly Articles
This Article first discusses the judicial deliberations upon the definition of religion. That discussion adopts a chronological sequence because, in legal matters, that is the one that counts.
It can be a tedious, but not particularly difficult task to summarize the legal struggle to define religion. The strategy applied to evaluate the product of that struggle is intellectual triangulation, whereby bearings from two fixed positions are used to specify that of that third. By analogy, the correct definition of "religion" can be identified by finding where the legal efforts intersect with an independent sighting of the same target. Where this …
The Magi Of The Great Salt Lake, Kenneth Anderson
The Magi Of The Great Salt Lake, Kenneth Anderson
Kenneth Anderson
Cruelly Unusual, Bruce Ledewitz
Cruelly Unusual, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz
Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz
Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Catholic Legal Education At The Edge Of A New Millennium: Do We Still Have The Spirit To Send Forth Saints?, Randy Lee
Randy Lee
No abstract provided.
A Fond Farewell, Bruce Ledewitz
A Fond Farewell, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Perspectives On The Law Of The American Sit-In, Bruce Ledewitz
Perspectives On The Law Of The American Sit-In, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
American Constitutionalism As Civil Religion: Notes Of An Atheist, Duncan Kennedy
American Constitutionalism As Civil Religion: Notes Of An Atheist, Duncan Kennedy
Nova Law Review
People who study American constitutionalism refer often to religion as
an analogy, or treat constitutionalism as a form of civil religion.
Free Speech: The Status Of The First Amendment, Martin B. Margulies
Free Speech: The Status Of The First Amendment, Martin B. Margulies
Touro Law Review
No abstract provided.
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
Scholarly Works
No abstract provided.
The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall
The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall
Faculty Publications
No abstract provided.
Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick
Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Can This Culture Be Saved? Another Affirmative Action Baby Reflects On Religious Freedom (Review Of The Culture Of Disbelief, How American Law And Politics Trivialize Religious Devotion, By Stephen L. Carter), W. Burlette Carter
GW Law Faculty Publications & Other Works
In a critical review of Professor Stephen Carter’s The Culture of Disbelief, this article contends Stephen Carter’s thesis that religion is disrespected in the U.S. lacks support and is inherently defective as a starting point from which to fashion a workable theory of freedom to engage in public religion. It argues that Stephen Carter himself fails to adequately consider minority group religious freedom rights and, thus, trivializes the very religious concerns that he set out to highlight. The article is split into four parts. In Part I, the article gives a basic outline of the trivialization theory. Part II …
Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe
Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe
Faculty Scholarship
Israel's development of constitutional law without a written constitution presents a fascinating picture of how a system, unable to develop a constitution in the usual manner, has developed one in another manner. It shows how innovative lawmaking can be - and sometimes must be - to maintain a democratic political system.
Multiple Unities In The Law, Emily A. Hartigan
Multiple Unities In The Law, Emily A. Hartigan
Faculty Articles
In a world newly in touch with its diversity, ethics must struggle with the impact difference has on coherence. There is a crucial dilemma more profound than how to avoid violating the canons of ethics, or how to dodge disciplinary proceedings. For the lawyer in a world of plural ethics—the dilemma posed by the primary tension in ethics today between reason and spirit.
There are multiple unities of meaning in which a lawyer works, a sort of multijurisdictionalism. These multiple unities, these many worlds, are emblematic of a time in which people are recognizing that multiculturalism is not a trendy …