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Courts, Clergy, And Congregations: Disputes Between Religious Institutions And Their Leaders, Ira C. Lupu, Robert W. Tuttle
Courts, Clergy, And Congregations: Disputes Between Religious Institutions And Their Leaders, Ira C. Lupu, Robert W. Tuttle
GW Law Faculty Publications & Other Works
For nearly forty years, the courts have barred a variety of lawsuits by clergy against their religious entity-employers. These suits frequently involve matters of civil rights, such as sex-based discrimination in employment, but they also involve claims of defamation, violation of fair labor standards, and breach of employment contracts, among others. To justify the barriers to these suits, courts typically rely on concepts drawn from the First Amendment's Religion Clauses. In particular, courts frequently invoke theories of free exercise of religion by religious institutions, or notions of "excessive entanglement" between church and state, to justify this line of case law. …
Implementing The Social And Economic Promise Of The Constitution: The Role Of South African Legal Education, Susan R. Jones, Peggy Maisel
Implementing The Social And Economic Promise Of The Constitution: The Role Of South African Legal Education, Susan R. Jones, Peggy Maisel
GW Law Faculty Publications & Other Works
The South African Constitution recognizes socio-economic rights as a necessary foundation for the enjoyment of civil and political rights. The South African Constitution, one of the most progressive in the world, contains many important protections such as the rights to equality, housing, and education. The Broad-Based Black Economic Empowerment Law (BEE) was designated to address the economic inequities of apartheid. South Africa’s commitment to economic justice is also evidenced by the fact that it is a signatory to the International Covenant on Economic, Social and Cultural Rights (ICESCR). The challenge is translating these rights into opportunities for social and economic …