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Faculty Publications

Jurisprudence

University of Missouri School of Law

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Full-Text Articles in Law

Religious Rights In Historical, Theoretical And International Context: Hobby Lobby As A Jurisprudential Anomaly, S. I. Strong May 2015

Religious Rights In Historical, Theoretical And International Context: Hobby Lobby As A Jurisprudential Anomaly, S. I. Strong

Faculty Publications

The United States has a long and complicated history concerning religious rights, and the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc., has done little to clear up the jurisprudence in this field. Although the decision will doubtless generate a great deal of commentary as a matter of constitutional and statutory law, the better approach is to consider whether and to what extent the majority and dissenting opinions reflect the fundamental principles of religious liberty. Only in that context can the merits of such a novel decision be evaluated free from political and other biases.

This …


Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii Jul 1997

Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii

Faculty Publications

There are two things upon which I suspect most observers will agree following the decision in Koon v. United States. First, the United States Supreme Court wants district courts to have more discretion to depart from the otherwise applicable guideline range, and wants appellate courts to have less authority to overturn those discretionary judgments. Second, in light of the conflicting signals the Court gave by, on the one hand, declaring that the standard of appellate review for departure decisions is to be abuse of discretion,” and on the other hand, finding that two of the five factors relied upon by …


Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky Jan 1995

Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky

Faculty Publications

This Article probes the philosophical and psychological attractions of formalism and suggests that its promise of stability and order may be essential to the effective functioning of the legal system, even if the promise can never be realized.