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Articles 31 - 60 of 109

Full-Text Articles in Law

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 ...


Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne Apr 2009

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne

Faculty Publications

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.


Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy Oct 2008

Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy

William & Mary Law Review

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 ...


Why Church And State Should Be Separate, Erwin Chemerinsky May 2008

Why Church And State Should Be Separate, Erwin Chemerinsky

William & Mary Law Review

No abstract provided.


Religion At A Public University, Gerard V. Bradley May 2008

Religion At A Public University, Gerard V. Bradley

William & Mary Law Review

No abstract provided.


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.


Virginia Is For (Lovers) Business Owners Who Feel The Human Rights Commission Poses A Threat To Their Religious Liberties, Sarah Miller Apr 2008

Virginia Is For (Lovers) Business Owners Who Feel The Human Rights Commission Poses A Threat To Their Religious Liberties, Sarah Miller

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

In November 1992, the Arlington County Board voted to add "sexual orientation" to the group of classes protected under its antidiscrimination policy. When a store owner was sued for violating this policy in 2006, he countersued, claiming that Arlington did not have the power to enact such a policy. His claim was based on the existence of a strongly state-centered power hierarchy unique to a very small minority of states, including Virginia, laid out in the Dillon Rule. Virginia's use of the Dillon Rule basically cripples its municipal corporations by injecting uncertainty into the process of enacting local legislation ...


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 ...


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Oct 2007

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.


Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton Oct 2007

Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton

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

An examination of the protections afforded to religious institutions in their hiring decisions. Both § 702 of the Civil Rights Act and the judicially created ministerial exception allow churches to use criteria that other employers are not permitted to use under the law when making hiring decisions. Beginning with McClure v. Salvation Army, courts have slowly expanded the scope of these protections, leading up to the recent case of Petruska v. Gannon University. Petruska provides an example of the extent to which a broad reading of § 702 and the ministerial exception can harm religious workers. The opinion of Judge Becker, who ...


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Jan 2007

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Faculty Publications

No abstract provided.


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.


Coercion And Choice Under The Establishment Clause, Cynthia V. Ward Jan 2006

Coercion And Choice Under The Establishment Clause, Cynthia V. Ward

Faculty Publications

In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the ...


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.