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Full-Text Articles in Law
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
NULR Online
No abstract provided.
Can Religion Without God Lead To Religious Liberty Without Conflict?, Linda C. Mcclain
Can Religion Without God Lead To Religious Liberty Without Conflict?, Linda C. Mcclain
Faculty Scholarship
This Article engages with Ronald Dworkin’s final book, Religion Without God, which proposes to shrink the size and importance of the fierce “culture wars” in the United States between believers and nonbelievers – theists and atheists – by separating out the “science” and “value” components of religion to show these groups that they share a “fundamental religious impulse.” Religion Without God also calls for framing religious freedom as part of a general right to ethical independence rather than a “troublesome” special right for religious people. This article compares the argumentative strategy of Religion Without God with prior Dworkin works, such …
Press Definition And The Religion Analogy, Ronnell Andersen Jones
Press Definition And The Religion Analogy, Ronnell Andersen Jones
Faculty Scholarship
n a Harvard Law Review Forum response to Professor Sonja West's symposium article, "Press Exceptionalism," Professor RonNell Andersen Jones critiques Professor West's effort to define "the press" for purposes of Press Clause exceptions and addresses the weaknesses of Professor West's analogy to Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC in drawing these definitional lines. The response highlights distinctions between Press Clause and Religion Clause jurisprudence and urges a more functional approach to press definition.
Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin
Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston, Leslie C. Griffin
Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Magna Carta’S Freedom For The English Church, Dwight G. Duncan
Magna Carta’S Freedom For The English Church, Dwight G. Duncan
Faculty Publications
Even after, eight centuries, this provision of Magna Carta is one of the few that remains in effect. A statement of principle that the Church in England should be free from outside domination, it is an ancestor of our American belief in separation of Church and State and the guarantee of free exercise of religion contained in the First Amendment. In English history, people died for this principle, on various sides of the denominational divides. It was not always vindicated in practice. But, since at least the end of the thirteenth century, it has ever been on the statute books …
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Journal Articles
This Review makes two claims. The first is that Paul Horwitz’s excellent book, "First Amendment Institutions," depicts the institutionalist movement in robust and provocative form. The second is that it would be a mistake to assume from its immersion in First Amendment jurisprudence (not to mention its title) that the book's implications are limited to the First Amendment. Professor Horwitz presents First Amendment institutionalism as a wide-ranging theory of constitutional structure whose focus is as much on constraining the authority of political government as it is on facilitating expression. These are the terms on which the book's argument — and, …