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The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French
The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French
Journal Articles
No abstract provided.
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Journal Articles
Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …
The Theology Of The Blaine Amendments, Richard W. Garnett
The Theology Of The Blaine Amendments, Richard W. Garnett
Journal Articles
The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom.
First, the Article considers what might be called the federalism defense of the provisions. …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
Lucinda Peach addresses the issue of religious lawmaking by focusing on the constitutional implications and gender issues that she argues have been overlooked by the Supreme Court and by participants in the debate about religion in politics.
Reenchanting The Law: The Religious Dimension Of Judicial Decision Making, Mark C. Modak-Truran
Reenchanting The Law: The Religious Dimension Of Judicial Decision Making, Mark C. Modak-Truran
Journal Articles
Without a religious justification in the law, judges cannot fully justify their decisions in hard cases from within the law. The law must be indeterminate because the Establishment Clause proscribes this full justification. This does not mean that the Establishment Clause prohibits judges from fully justifying their decisions during their deliberations about hard cases. It only prohibits judges from including that full justification in their written opinions. Deliberation and explanation are separate stages of judicial decision making that should be kept distinct. Given this distinction, my thesis is that judges should fully justify their decisions in hard cases by relying …