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Articles 1 - 9 of 9

Full-Text Articles in Law

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.


The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver Apr 2010

The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver

William & Mary Journal of Race, Gender, and Social Justice

This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor ...


Medical Conscience And The Policing Of Parenthood, Richard F. Storrow Feb 2010

Medical Conscience And The Policing Of Parenthood, Richard F. Storrow

William & Mary Journal of Race, Gender, and Social Justice

As state and local anti-discrimination provisions become more and more comprehensive, physicians who refuse to treat patients for reasons of sexual orientation or marital status are beginning to face legal liability. Increasingly, physicians are invoking codes of medical ethics alongside more familiar constitutional law claims in support of their claim to insulation from legal liability. This Article explores what medical ethics has to say about physicians who, for sincerely held religious reasons, refuse to treat patients for reasons of sexual orientation or marital status. The issue is explored through the lens of a case recently decided by the California Supreme ...