Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (26)
- First Amendment (21)
- Religion Law (16)
- Supreme Court of the United States (7)
- Civil Rights and Discrimination (5)
-
- Family Law (3)
- Human Rights Law (3)
- Business Organizations Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Sexuality and the Law (2)
- American Studies (1)
- Arts and Humanities (1)
- Comparative and Foreign Law (1)
- Diseases (1)
- International Humanitarian Law (1)
- International Law (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Law and Politics (1)
- Legal History (1)
- Legal Studies (1)
- Medicine and Health Sciences (1)
- Military, War, and Peace (1)
- Religion (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Tax Law (1)
- Virus Diseases (1)
- Institution
-
- William & Mary Law School (27)
- Barry University School of Law (2)
- American University Washington College of Law (1)
- George Washington University Law School (1)
- St. Thomas University College of Law (1)
-
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Michigan Law School (1)
- University of Tennessee College of Law (1)
- Washington University in St. Louis (1)
- Washington and Lee University School of Law (1)
- Western Michigan University (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication Year
- Publication
-
- Faculty Publications (13)
- Popular Media (7)
- Supreme Court Preview (3)
- Appellate and Supreme Court Clinic (2)
- Briefs (2)
-
- Faculty Articles (2)
- Faculty Scholarship (2)
- Scholarly Works (2)
- Akron Law Faculty Publications (1)
- Articles in Law Reviews & Other Academic Journals (1)
- GW Law Faculty Publications & Other Works (1)
- Modules for Teaching Pandemic Response and Religion in the USA (1)
- Other Publications (1)
- Scholarship@WashULaw (1)
- Supreme Court Case Files (1)
Articles 1 - 30 of 40
Full-Text Articles in Law
Establishment Clause Mythology, Peter J. Smith, Robert W. Tuttle
Establishment Clause Mythology, Peter J. Smith, Robert W. Tuttle
GW Law Faculty Publications & Other Works
For 75 years, the Supreme Court’s opinions have reflected stark conflict between two competing narratives about the Establishment Clause’s meaning and legal foundation. One view holds that the Constitution requires a separation between church and state. The other view asserts that the government may promote religion. The former view—which we call separationism—is based on the framers’ understanding of the nature of civil government, and on a political theory of liberal pluralism. The latter view—which we call religionism—is usually grounded in tradition, and principally has its roots in the Second Great Awakening of the nineteenth century and its urge to transform …
Public Policy And Religion In The Pandemic: U.S. Constitution And The First Amendment, Stephen Covell, Diane Riggs, Cameron Borg
Public Policy And Religion In The Pandemic: U.S. Constitution And The First Amendment, Stephen Covell, Diane Riggs, Cameron Borg
Modules for Teaching Pandemic Response and Religion in the USA
The following teaching module is designed for high school and college level instructors who seek to teach a lesson on the impact the COVID-19 pandemic had on the relationship between church and state. The teaching module features a lesson plan, case studies, and assignments that can be incorporated as the instructor sees fit. This teaching module was created by Western Michigan University's Department of Comparative Religion.
Taking Stock Of The Religion Clauses, John D. Inazu
Taking Stock Of The Religion Clauses, John D. Inazu
Scholarship@WashULaw
After a few decades of relative quiet, the Supreme Court has in recent years focused once again on the religion clauses and related statutes.
Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Briefs
No abstract provided.
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Briefs
No abstract provided.
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
No abstract provided.
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
Popular Media
No abstract provided.
Markets, Religion, And The Limits Of Privacy, Nathan B. Oman
Markets, Religion, And The Limits Of Privacy, Nathan B. Oman
Popular Media
No abstract provided.
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
Faculty Publications
No abstract provided.
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Popular Media
No abstract provided.
Nineteenth Century Corporate Law: A New Lens For Religious Freedom Scholars, Nathan B. Oman
Nineteenth Century Corporate Law: A New Lens For Religious Freedom Scholars, Nathan B. Oman
Popular Media
No abstract provided.
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Popular Media
No abstract provided.
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Faculty Publications
No abstract provided.
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Appellate and Supreme Court Clinic
No abstract provided.
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Appellate and Supreme Court Clinic
No abstract provided.
The First Amendment’S Global Dimension, Timothy Zick
The First Amendment’S Global Dimension, Timothy Zick
Popular Media
No abstract provided.
Do Religious Tax Exemptions Entangle In Violation Of The Establishment Clause? The Constitutionality Of The Parsonage Allowance Exclusion And The Religious Exemptions Of The Individual Health Care Mandate And The Fica And Self-Employment Taxes, Edward A. Zelinsky
Faculty Articles
In Freedom From Religion Foundation v. Geithner, the Freedom From Religion Foundation (FFRF) argues that Code Section 107 and the income tax exclusion that section grants to “minister[s] of the gospel” for parsonage allowances violate the Establishment Clause of the First Amendment. This case has important implications for a new federal law mandating that individuals maintain “minimum essential” health care coverage for themselves and their dependents. That mandate contains two religious exemptions. One of these exemptions incorporates a pre-existing religious exemption from the federal self-employment tax. These sectarian exemptions raise the same First Amendment issues as does the Code’s exclusion …
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
Faculty Scholarship
No abstract provided.
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Faculty Publications
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein
Scholarly Works
No abstract provided.
Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert C. Blitt
Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert C. Blitt
Scholarly Works
This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — and motivated in part by the desire to end years …
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
Ten Questions On Gay Rights And Freedom Of Religion, Wilson Huhn
Ten Questions On Gay Rights And Freedom Of Religion, Wilson Huhn
Akron Law Faculty Publications
In my opinion most of the legal and social problems that arise under the Constitution stem from the belief, held by some people, that they are better than other people. They do not hate anyone. They simply believe that they are superior and that the law ought to treat them better than the other group. This is true of whites who think they are superior to blacks, men who think they are superior to women, and heterosexuals who think they are superior to homosexuals.
People have often justified these types of beliefs by appeal to religion and have attempted to …
Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i
Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
On January 9, 2008 Washington College of Law at American University sponsored a conference entitled: Turkey: At the Crossroads of Secular West and Traditional East. This conference was percipitated by the recent election of the AKP party in Turkey and my trip to Turkey in summer 2007. In this short introduction to the American University International law Review symposium issue, I summarize the major issues raised in that one day conference specifically by Dean Haluk Kabaalioglu of Yeditepe University Facutly of Law, expert on EU law and Turkish-EU relations,and Professor Feroz Ahmad, the learned historian of modern Turkey. The aim …
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Faculty Publications
No abstract provided.
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Faculty Publications
In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …
The Story Of A Forgotten Battle, Nathan B. Oman
The Story Of A Forgotten Battle, Nathan B. Oman
Faculty Publications
No abstract provided.