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The First Amendment: Churches Seeking Sanctuary For The Sins Of The Fathers, Jeffrey R. Anderson, Mark A. Wendorf, Frances E. Baillon, Brant D. Penney
The First Amendment: Churches Seeking Sanctuary For The Sins Of The Fathers, Jeffrey R. Anderson, Mark A. Wendorf, Frances E. Baillon, Brant D. Penney
Fordham Urban Law Journal
This article examines whether the Free Exercise Clause or Establishment Clause of the First Amendment, or the judicial abstention doctrine, shields religious institutions from otherwise cognizable tort claims caused by their agents or employees. It concludes that the Constitution does not provide a religious institution with the right or privilege to operate as a law unto itself -- the institution must comply with the law of civil government. Part I provides a brief introduction and background on the First Amendment. Parts II, III, and IV analyze the Free Exercise Clause, judicial abstention doctrine, and the Establishment Clause, respectively, and how …
The Miner's Canary: Tribal Control Of American Indian Education And The First Amendment, John E. Silverman
The Miner's Canary: Tribal Control Of American Indian Education And The First Amendment, John E. Silverman
Fordham Urban Law Journal
One legacy of America's mistreatment of its indigenous peoples has been an educational policy that has run roughshod over Native American Free Exercise rights. Today, American Indian tribes widely seek increased control over the education of their children. This position has received broad congressional and presidential support since the Nixon Administration, but more than twenty years later, Native Americans are still fighting to attain their goals. Federal statistics that rank American Indians as our least educated, most addicted, shortest-lived citizens suggest tremendous room for improvement in Indian education. Despite certain circuit court Free Exercise Clause decisions that unreasonably hold Indian …