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Defining Peaceably: Policing The Line Between Constitutionally Protected Protest And Unlawful Speech, Tabatha Abu El-Haj
Defining Peaceably: Policing The Line Between Constitutionally Protected Protest And Unlawful Speech, Tabatha Abu El-Haj
Missouri Law Review
The current wave of civil rights demonstrations in response to police killings began on August 9, 2014, after Darren Wilson, a white police officer, fatally shot Michael Brown, an unarmed African-American eighteen-year-old, in Ferguson, Missouri. Outraged by the incident and by the fact that the body was left on the street for four-and-a-half hours – an image that went viral on social media – members of the community took to the streets. They went out without securing the necessary permits and without visible connection to established local civil rights organizations. The mainstream media quickly framed the events in Ferguson as …
After Hobby Lobby: The “Religious For-Profit” And The Limits Of The Autonomy Doctrine, Angela C. Carmella
After Hobby Lobby: The “Religious For-Profit” And The Limits Of The Autonomy Doctrine, Angela C. Carmella
Missouri Law Review
Churches are protected under the autonomy doctrine, which is rooted in the Religion Clauses, to ensure that they are free to define their institutional identity and mission. In more limited circumstances, many religious nonprofits also enjoy autonomy protections. Now that the Supreme Court has decided in Burwell v. Hobby Lobby Stores, Inc. that for-profit corporations are capable of religious exercise and entitled to statutory free exercise protection, this Article poses a question that is on the horizon: would it ever be plausible to extend the autonomy doctrine to a for-profit institution? This Article identifies several types of for-profits (named “religious …