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Articles 1 - 17 of 17
Full-Text Articles in Law
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
All Faculty Scholarship
In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …
Defining Religion Down: Hasanna-Tabor, Martinez, And The U.S. Supreme Court, Carl H. Esbeck
Defining Religion Down: Hasanna-Tabor, Martinez, And The U.S. Supreme Court, Carl H. Esbeck
Faculty Publications
While two recent Supreme Court cases on religious freedom appear sharply at odds, in one material respect they harmonize around an understanding that religion is fully protected only when exercised in private. CLS v. Martinez involved Hastings College of Law. Hastings' regulation of extracurricular organizations was unusual in requiring that any student can join an organization. This all-comers rule had a discriminatory impact on organizations with exclusionary memberships, such as the Christian Legal Society (CLS) which required subscribing to a statement of faith and conduct. The Court acknowledged the discriminatory effect, but said that the Free Speech Clause protects speech …
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I discuss the relationship between religion and government in the contemporary United States, addressing the period from the 1940s to the present. In so doing, I explore questions of religious liberty, including the protection of religious “free exercise” as well as the constitutional prohibition on the establishment of religion, a prohibition that sometimes - but not always - has been construed to require a “wall of separation” between church and state. I focus especially on the Supreme Court’s evolving interpretations of the First Amendment during this period, which, I suggest, were influenced by broader religious, cultural, and …
Constitutional And Religious Redemption: Assessing Jack Balkin's Call For A 'Constitutional Project’, Linda C. Mcclain
Constitutional And Religious Redemption: Assessing Jack Balkin's Call For A 'Constitutional Project’, Linda C. Mcclain
Faculty Scholarship
I begin with a disclaimer: I am not a constitutional theorist. I haven’t even played one on TV. But according to Professor Jack Balkin’s ambitious new book Living Originalism, that should not stop me from engaging in what he calls “the constitutional project,” in which I, along with others, attempt to interpret – indeed, to redeem – the U.S. constitution.1 Living Originalism pairs two intriguing ideas: a “constitutional project” and “constitutional redemption.” I am excited by the notion of a project, and of a constitutional project in particular. In my work for at least a decade I have used the …
Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk
Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk
Cornell Law Faculty Publications
We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Faculty Scholarship
This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Scott V. Pierce, Leslie C. Griffin
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Scott V. Pierce, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin
Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Abraham Lincoln's Religion: The Case For His Ultimate Belief In A Personal, Sovereign God., Samuel W. Calhoun, Lucas E. Morel
Abraham Lincoln's Religion: The Case For His Ultimate Belief In A Personal, Sovereign God., Samuel W. Calhoun, Lucas E. Morel
Scholarly Articles
None available.
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Robert Taylor, An Appreciation, Bruce Ledewitz
Robert Taylor, An Appreciation, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Journal Articles
An essay is presented on Catholic and charter schools and the closing of such schools in the U.S. The academic performance, parental involvement and the after-school religious education targeted for charter school students is discussed. The connections between the Catholic and charter schools and the legal issues governing conversion to charter schools is also discussed along with the concerns in the urban community due the closure of Catholic schools.
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
Scholarly Works
This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …
Religion As Rehabilitation? Reflections On Islam In The Correctional Setting, Spearit
Religion As Rehabilitation? Reflections On Islam In The Correctional Setting, Spearit
Articles
This essay is the keynote lecture from the Muslims in the United States and Beyond symposium at Whittier Law School. The work reflects on the state of research into Islam in prison, including the religion's historic role in supporting inmate rehabilitation and providing a means for coping with life as a prisoner and on the outside.
Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter
Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter
Publications
Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for religious practice through the legislative and administrative process have received tremendous attention from legal scholars. Lost in this conversation, however, have been the American Indians at the center of the Smith case. Indeed, for them, the decision criminalizing the possession of their peyote sacrament was …
The Constitutional Right Not To Kill, Mark L. Rienzi
The Constitutional Right Not To Kill, Mark L. Rienzi
Scholarly Articles
Federal and state governments participate in and/or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings. The question of how governments should treat such refusals is older than the Republic itself. Since colonial times, the answer to this question has been driven largely by statutory protections, with the Constitution playing a smaller role, particularly since the …