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Articles 1 - 7 of 7

Full-Text Articles in Law

Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei Nov 2022

Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei

Faculty Scholarship

Since at least 2017, the Court has implicitly recognized a right of equal access to generally available public benefits based on the beneficiary's religious identity or status. In Carson v. Makin (2022), the Court went a step further and, for the first time, concluded that the “status-use distinction lacks a meaningful application” in both theory and practice. It then held that restrictions on the use of public benefits for sacral purposes amount to religious discrimination because they impose substantial burdens on free exercise rights. Carson's holding, and the rationale underlying it, contravene settled case law and effectively gut the Establishment …


God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M.A. Dipippa Apr 2015

God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M.A. Dipippa

Faculty Scholarship

This Article demonstrates that the cases raising religious liberty challenges to state regulation of weapons in houses of worship reveal the persistent problems plaguing religious liberty cases. First, these cases illustrate the difficulties non-mainstream religious claims face. Courts may not understand the religious nature of the claim or they may devalue claims that do not seem “normal” or “reasonable.” This is compounded by how few religious liberty claimants, especially non-mainstream religions, win their cases. Second, the cases are part of the larger debate about how easy it should be to get judicially imposed religious exemptions from general and neutral laws. …


Kidneys, Cash, And Kashrut: A Legal, Economic, And Religious Analysis Of Selling Kidneys, Robert E. Steinbuch Jan 2009

Kidneys, Cash, And Kashrut: A Legal, Economic, And Religious Analysis Of Selling Kidneys, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.


Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry Jan 2008

Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry

Faculty Scholarship

No abstract provided.


Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa Jan 1997

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa

Faculty Scholarship

No abstract provided.


The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery Nov 1991

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery

Faculty Scholarship

No abstract provided.


Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant Jan 1987

Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.