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Articles 1 - 6 of 6
Full-Text Articles in Law
Balancing Cultural Integrity Against Individual Liberty: Civil Court Review Of Ecclesiastical Judgments, Michael G. Weisberg
Balancing Cultural Integrity Against Individual Liberty: Civil Court Review Of Ecclesiastical Judgments, Michael G. Weisberg
University of Michigan Journal of Law Reform
This Note considers the standard of deference that civil courts should apply in cases where a religious judicatory already has decided an issue which subsequently is submitted for civil court resolution. It proposes a framework designed to protect the rights of religious groups to preserve their cultural integrity while also protecting individuals' personal liberty and the interests of the secular state. The analysis is necessarily framed by the opposing demands of the First Amendment's religion clauses. The Free Exercise Clause prohibits civil courts from intruding into religious societies' internal affairs, and the Establishment Clause limits religious authority over secular issues. …
The Integration Of Religious Liberty, John Witte Jr.
The Integration Of Religious Liberty, John Witte Jr.
Michigan Law Review
A Review of A Nation Dedicated to Religious Liberty: The constitutional Heritage of the Religion Clauses by Arlin M. Adams and Charles J. Emmerich
The Political Balance Of The Religion Clauses, Abner S. Greene
The Political Balance Of The Religion Clauses, Abner S. Greene
Faculty Scholarship
When the Supreme Court held in Employment Division v. Smith that the Free Exercise Clause does not protect religious practices from otherwise valid laws that incidentally burden those practices, it followed a particular theory of democratic politics. That some laws might unintentionally burden certain religious practices is, said the Court, an "unavoidable consequence of democratic government [that] must be preferred to a system in which each conscience is a law unto itself." The Court was certainly right in one sense: To claim that conscientious objection to an otherwise valid law should exempt one from that law is to claim that …
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
University of Richmond Law Review
Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor the interests of traditional values organizations like the American Family Association. The next decade will surely see the Court return to a more balanced approach in line with the preservation of family values. Certainly some will characterize the new Court as more conservative. To the extent that it will emphasize core principles in the Constitution as the bedrock from which it must proceed, it will be conservative. Yet this is simply a return of the Court to its intended function: interpretation and application of law …
God Is Dead: Killed By Fifty Years Of Establishment Clause Jurisprudence., Raul M. Rodriguez
God Is Dead: Killed By Fifty Years Of Establishment Clause Jurisprudence., Raul M. Rodriguez
St. Mary's Law Journal
In 1980, the Supreme Court in Stone v. Graham addressed the issue of whether a statute requiring the display of the Ten Commandments in all public school classrooms was an unconstitutional establishment of religion. Applying the Lemon test the Court found the statute’s purpose to be religious and ruled it unconstitutional. Yet, had the state required the placement of the following “secular commandments” in every classroom, it is unlikely the Court would have found an Establishment Clause violation. Stone illustrates what the Supreme Court’s Establishment Clause jurisprudence has become. The Court has misconstrued the meaning of the “establishment of religion” …
Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle
Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle
Articles by Maurer Faculty
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