Law Commons^™

Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan

Georgia Journal of International & Comparative Law

No abstract provided.

Institutional Autonomy And Constitutional Structure, Randy J. Kozel

Michigan Law Review

This Review makes two claims. The first is that Paul Horwitz’s excellent book, First Amendment Institutions, depicts the institutionalist movement in robust and provocative form. The second is that it would be a mistake to assume from its immersion in First Amendment jurisprudence (not to mention its title) that the book’s implications are limited to the First Amendment. Professor Horwitz presents First Amendment institutionalism as a wide-ranging theory of constitutional structure whose focus is as much on constraining the authority of political government as it is on facilitating expression. These are the terms on which the book’s argument — and, …

Is Religious Freedom Irrational?, Michael Stokes Paulsen

Michigan Law Review

Brian Leiter is almost exactly half right. There is no convincing secular-liberal argument for religious liberty, in the sense of unique accommodation of religious beliefs and practices specifically because they are religious. Indeed, from a thoroughgoing secularist perspective — from a stance of committed disbelief in the possible reality of God or religious truth, and perhaps also from the perspective of unswerving agnosticism — “toleration” of religion is almost intolerably foolish. Affirmatively protecting the free exercise of religion, in the strong sense of freedom of persons and groups to act on religious convictions in ways opposed to secular legal norms, …

Shall Businesses Profit If Their Owners Lose Their Souls? Examining Whether Closely Held Corporations May Seek Exemptions From The Contraceptive Mandate, Christopher S. Ross

Fordham Law Review

May for–profit, secular corporations claim the protection of the Religious Freedom Restoration Act (RFRA)?

This question is central to numerous lawsuits against the federal government in which business owners argue that certain regulations under the Patient Protection & Affordable Care Act substantially burden the exercise of their religion. This Note examines the threshold hurdle that for–profit business owners must clear to successfully state a claim under RFRA: the question of whether the businesses are “persons” the statute protects. This is an issue of first impression for the U.S. Supreme Court, and it has split the circuit courts of appeal.

First, …

The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Contraception And The Birth Of Corporate Conscience, Elizabeth Sepper

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Has Society Become Tolerant Of Further Infringement On First Amendment Rights?, Nicholas Primrose

Barry Law Review

No abstract provided.

Amendment 2 And Its Effect On Missourians' Free Exercise Of Religion, Mishelle Martinez

Missouri Law Review

This Comment provides a thorough analysis of Amendment 2. The primary issue addressed is whether Amendment 2 will have an impact on Missourians' religious freedoms or whether Amendment 2 merely reaffirms rights already granted under the old article I, section 5 of the Missouri Constitution. If Amendment 2 does add new rights, an analysis of whether such rights are in accord with the First Amendment is required. Part II outlines the legislative history, text, and general commentary on the key provisions of Amendment 2. In Part III, all new provisions under Amendment 2 are analyzed in light of the legal …