Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
Religious Exemptions, Formal Neutrality, And Laïcité, Frederick Mark Gedicks
Religious Exemptions, Formal Neutrality, And Laïcité, Frederick Mark Gedicks
Indiana Journal of Global Legal Studies
Rights to free exercise in the United States are governed by a doctrine of formal neutrality, which seems to resemble the French doctrine of la'cit6. This resemblance tempts one to conclude that the doctrinal regimes of religious liberty in the United States and France are also essentially the same. Despite their superficial resemblance, however formal neutrality and laĭcité generate regimes of religious liberty that are substantially, even radically, different. Notwithstanding conceptually similar organizing principles, there is a significant difference in the substance of religious liberty in the United States and France owing to very different conceptions of the proper role …
Religion, Speech, And The Minnesota Constitution: State-Based Protections Amid First Amendment Instabilities, Steven P. Aggergaard
Religion, Speech, And The Minnesota Constitution: State-Based Protections Amid First Amendment Instabilities, Steven P. Aggergaard
William Mitchell Law Review
No abstract provided.
"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck
"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck
Hofstra Law Review
Consistent with its fumbling of late when dealing with cases involving religion, the U.S. Supreme Court has taken to reciting the metaphor of play in the joints between the Religion Clauses. This manner of framing the issue before the Court presumes that the Free Exercise and Establishment Clauses run in opposing directions, and indeed will often conflict. It then becomes the Court's task, as it sees it, to determine if the law in question falls safely in the narrows where there is space for legislative action neither compelled by the Free Exercise Clause nor prohibited by the Establishment Clause. The …
Taking Free Exercise Rights Seriously, Alan Brownstein
Taking Free Exercise Rights Seriously, Alan Brownstein
Case Western Reserve Law Review
No abstract provided.