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Full-Text Articles in Law

Who Is A Minister? Originalist Deference Expands The Ministerial Exception, Jared C. Huber Apr 2024

Who Is A Minister? Originalist Deference Expands The Ministerial Exception, Jared C. Huber

Notre Dame Law Review

The ministerial exception is a doctrine born out of the Religion Clauses of the First Amendment that shields many religious institutions’ employment decisions from review. While the ministerial exception does not extend to all employment decisions by, or employees of, religious institutions, it does confer broad—and absolute—protection. While less controversy surrounds whether the Constitution shields religious institutions’ employment decisions to at least some extent, much more debate surrounds the exception’s scope, and perhaps most critically, which employees fall under it. In other words, who is a "minister" for purposes of the ministerial exception?


May Clergy Seek Elective Office, Paul J. Weithman Jun 1999

May Clergy Seek Elective Office, Paul J. Weithman

Notre Dame Law Review

No abstract provided.


Daniels. Davidson And The Unlearned Lesson Of Parratt V. Taylor: Eliminating Simple Negligence As A Basis For Procedural Due Process Claims (If At First You Don't Succeed, Overrule It), Laura A. Yustak Dec 1986

Daniels. Davidson And The Unlearned Lesson Of Parratt V. Taylor: Eliminating Simple Negligence As A Basis For Procedural Due Process Claims (If At First You Don't Succeed, Overrule It), Laura A. Yustak

Notre Dame Law Review

No abstract provided.


Burger Court's Unified Approach To Standing And Its Impact On Congressional Plaintiffs, Arthur H. Abel Jan 1985

Burger Court's Unified Approach To Standing And Its Impact On Congressional Plaintiffs, Arthur H. Abel

Notre Dame Law Review

No abstract provided.