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The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge Oct 2018

The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge

William & Mary Bill of Rights Journal

No abstract provided.


(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman Dec 2015

(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman

William & Mary Bill of Rights Journal

Substantive due process issues implicitly concern voice. Whose voice will be heard? Although such issues often remain submerged, the Justices occasionally translate them into disputes over democratic participation and power. The Supreme Court’s most important substantive due process decision in years, Obergefell v. Hodges, entailed such a battle over democracy. The multiple dissenting opinions insisted that the decision demeaned the opponents of same-sex marriage, many of whom were inspired by traditional values and religious convictions. The majority explicitly disagreed, reasoning that the case resolved the rights of same-sex couples to marry and did not diminish the opponents’ voices. The ...


The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle Nov 2012

The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle

William & Mary Bill of Rights Journal

No abstract provided.


The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti Mar 2012

The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti

William & Mary Bill of Rights Journal

Six years after prohibiting the wearing of headscarves by students in public schools, the French state passed a law prohibiting the wearing of burkas in public places. Compared to France, in the United States there is more tolerance for wearing signs of religious affiliation. The difference in legal responses can be understood in reference to a different background understanding of the fundamental presuppositions of republicanism in the two legal and political orders, which also define their conception of secularism. The law enacted in France can be understood in a general frame of a paternalistic state, which is seen as permitted ...


Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen Mar 2012

Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen

William & Mary Bill of Rights Journal

No abstract provided.


Rationalizing Religious Exemptions: A Legislative Process Theory Of Statutory Exemptions For Religion, Zoe Robinson Oct 2011

Rationalizing Religious Exemptions: A Legislative Process Theory Of Statutory Exemptions For Religion, Zoe Robinson

William & Mary Bill of Rights Journal

This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a person’s religious freedom is dependent on their political power. Following the Supreme Court’s 1990 decision of Employment Division v. Smith, the legislature has sole control over the enactment of accommodations and exemptions from laws of general application for religious adherents. This Article argues that post-Smith accounts of religious liberty and pluralism fail to systematically analyze the relationship between religious liberty and legislative exemptions. To this end, the Article proposes a unique public choice model that hypothesizes that legislative accommodations and exemptions ...


The Religious Liberty Of Judges, Daniel R. Suhr Oct 2011

The Religious Liberty Of Judges, Daniel R. Suhr

William & Mary Bill of Rights Journal

This Article begins by reviewing the government employee line of cases, starting with United Public Workers v. Mitchell in 1947.29 The first section concludes that the modified Pickering balancing test set forth in United States v. National Treasury Employees Union (NTEU) is the appropriate level of scrutiny for judicial conduct rules. The body of this Article reviews ways in which the four canons of the ABA Model Code of Judicial Ethics and official interpretations of and rulings regarding them limit the religious activities of judges. I conclude that numerous applications of the Model Code are unconstitutional infringements on judges ...


The Fading Free Exercise Clause, Rene Reyes Mar 2011

The Fading Free Exercise Clause, Rene Reyes

William & Mary Bill of Rights Journal

This Article uses the Supreme Court’s recent opinion in Christian Legal Society
v. Martinez as a point of departure for analyzing the current state of free exercise doctrine. I argue that one of the most notable features of the Christian Legal Society (CLS) case is its almost total lack of engagement with the Free Exercise Clause. For the core of CLS’s complaint was unambiguously about the declaration and exercise of religious beliefs: the group claimed that it was being excluded from campus life because it required its members to live according to shared religious principles and to subscribe ...


Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan Oct 2010

Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan

William & Mary Bill of Rights Journal

This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands “government speech” to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new “government speech doctrine”— a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views—and “government speech” analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over ...


Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton May 2010

Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton

William & Mary Bill of Rights Journal

No abstract provided.


Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer May 2010

Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer

William & Mary Bill of Rights Journal

No abstract provided.


God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks May 2010

God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.


The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton May 2010

The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton

William & Mary Bill of Rights Journal

No abstract provided.


Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross May 2010

Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross

William & Mary Bill of Rights Journal

No abstract provided.


Embryo Fundamentalism, June Carbone, Naomi Cahn May 2010

Embryo Fundamentalism, June Carbone, Naomi Cahn

William & Mary Bill of Rights Journal

No abstract provided.


Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree Mar 2009

Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree

William & Mary Bill of Rights Journal

No abstract provided.


Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington Oct 2008

Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington

William & Mary Bill of Rights Journal

No abstract provided.


The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree Oct 2008

The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree

William & Mary Bill of Rights Journal

When a claimant challenges some governmental law or action under the Free Exercise Clause of the First Amendment, courts have long required the claimant to make out a prima facie case that the government has burdened the exercise of the claimant's sincerely held religious beliefs. This requirement has been referred to as the threshold test for free exercise claims, since claimants must make this showing as a threshold matter before courts will proceed to evaluate the burden and the governmental interest at stake under some standard of scrutiny. This Article argues that although the Supreme Court of the United ...


The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle Apr 2008

The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle

William & Mary Bill of Rights Journal

No abstract provided.


A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar Mar 2008

A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar

William & Mary Bill of Rights Journal

This Article examines the influence of the therapeutic culture on the modem constitutional law of civil rights. The therapeutic culture is defined as one in which the central moral question is individual fulfillment. That culture has sprung up to replace older cultures such as Protestantism and classical republicanism, which are no longer capable of appealing to a nation as diverse as the United States. Instead of asking whether individuals or the nation conform to some external moral system, the therapeutic culture asks whether individuals are happy or fulfilled. This Article demonstrates that the therapeutic culture has had a significant effect ...


Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman Oct 2006

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman

William & Mary Bill of Rights Journal

No abstract provided.


Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks Oct 2006

Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.


A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell Oct 2006

A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell

William & Mary Bill of Rights Journal

No abstract provided.


Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz Oct 2006

Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz

William & Mary Bill of Rights Journal

No abstract provided.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Oct 2006

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

William & Mary Bill of Rights Journal

No abstract provided.


Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg Apr 2006

Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg

William & Mary Bill of Rights Journal

No abstract provided.


Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar Feb 2006

Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar

William & Mary Bill of Rights Journal

No abstract provided.


Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz Dec 2005

Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz

William & Mary Bill of Rights Journal

No abstract provided.


Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne Oct 2005

Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne

William & Mary Bill of Rights Journal

No abstract provided.


Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott Oct 2005

Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott

William & Mary Bill of Rights Journal

No abstract provided.