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- Case Western Reserve Law Review (7)
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Articles 1 - 30 of 41
Full-Text Articles in Law
The False Promise Of Expanded Religious Liberty Rights After The Covid-19 Cases And Fulton V. City Of Philadelphia, Shlomo C. Pill
The False Promise Of Expanded Religious Liberty Rights After The Covid-19 Cases And Fulton V. City Of Philadelphia, Shlomo C. Pill
William & Mary Bill of Rights Journal
This Article explains and critiques the Supreme Court’s recent reframing of religious free exercise rights. This change was initiated by a series of “shadow docket” rulings issued in late 2020 and early 2021 in which the Court sustained religious challenges to COVID-19 capacity restrictions and mask mandates. That doctrinal shift was confirmed and reinforced by the Court’s subsequence decision in Fulton v. City of Philadelphia. In these cases, the Court significantly narrowed the Smith test, which, since 1990, had subjected neutral and generally applicable laws that burden religious practice to only rational basis review. Under the Court’s new free …
Breaking The Seal Of Confession: Examining The Constitutionality Of The Clergy-Penitent Privilege In Mandatory Reporting Law, Caroline Donze
Breaking The Seal Of Confession: Examining The Constitutionality Of The Clergy-Penitent Privilege In Mandatory Reporting Law, Caroline Donze
Louisiana Law Review
The article focuses on intersection of mandatory reporting legislation and the clergy-penitent privilege illustrates a conflict between the public policy goal of protecting children and the constitutional right to Free Exercise of religion and negative effects on the reporting of child abuse.
An Antitrust Approach To Corporate Free Exercise Claims, Ronald J. Colombo
An Antitrust Approach To Corporate Free Exercise Claims, Ronald J. Colombo
Hofstra Law Faculty Scholarship
In Burwell v. Hobby Lobby, 573 U.S. ___, 124 S. Ct. 2751 (2014), the United States Supreme Court held that the religious liberty protections contained in the Religious Freedom Restoration Act apply to for-profit business corporations. Although many laud the decision as a hard-fought victory for religious freedom, others fear the consequences of the decision. Two consequences in particular have been most commonly identified by the decision’s detractors.
First, Burwell may give businesses a “license to discriminate,” by allowing them to opt out of laws that protect minorities and other groups on religious grounds. This threatens to undo decades of …
By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials
By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials
Louisiana Law Review
The article argues how states should not allow philosophical exemptions and should either retain or create religious exemptions that meet certain requirements under the Free Exercise Clause, the Due Process Clause, and the Establishment Clause. It reports the U.S. Supreme Court's jurisprudence regarding parental rights in cases 'Jacobson v. Massachusetts' and 'Zucht v. King.'
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
Indiana Law Journal
No abstract provided.
God Is Great, Garvey Is Good: Making Sense Of Religious Freedom, Michael Stokes Paulsen
God Is Great, Garvey Is Good: Making Sense Of Religious Freedom, Michael Stokes Paulsen
Notre Dame Law Review
No abstract provided.
Contraception And The Birth Of Corporate Conscience, Elizabeth Sepper
Contraception And The Birth Of Corporate Conscience, Elizabeth Sepper
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Marriage In The Time Of Internet Ministers: I Now Pronounce You Married, But Who Am I To Do So?, Robert E. Rains
Marriage In The Time Of Internet Ministers: I Now Pronounce You Married, But Who Am I To Do So?, Robert E. Rains
University of Miami Law Review
No abstract provided.
Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux
Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux
University of Miami Inter-American Law Review
No abstract provided.
Modifying The Religious Land Use And Institutionalized Persons Act To Create A Constitutional Statutory Protection For Religious Landowners, Sara Witt
Case Western Reserve Law Review
No abstract provided.
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
Villanova Law Review
No abstract provided.
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Articles
No abstract provided.
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.
Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady
Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady
Villanova Law Review
No abstract provided.
Malicki V. Doe: Defining A Split Of Authority Based On The State Tort Claims Of Negligent Hiring And Supervision Of Roman Catholic Clergy And The First Amendment Conflict, Christopher L. Barbaruolo
Malicki V. Doe: Defining A Split Of Authority Based On The State Tort Claims Of Negligent Hiring And Supervision Of Roman Catholic Clergy And The First Amendment Conflict, Christopher L. Barbaruolo
Hofstra Law Review
No abstract provided.
The Distinctive Place Of Religious Entities In Our Constitutional Order, Ira C. Lupu, Robert Tuttle
The Distinctive Place Of Religious Entities In Our Constitutional Order, Ira C. Lupu, Robert Tuttle
Villanova Law Review
No abstract provided.
Essential Rights And Liberties Of Religion In The American Constitutional Experiment, John Witte Jr.
Essential Rights And Liberties Of Religion In The American Constitutional Experiment, John Witte Jr.
Notre Dame Law Review
No abstract provided.
Religion Clause Anti-Theories, Thomas C. Berg
Religion Clause Anti-Theories, Thomas C. Berg
Notre Dame Law Review
No abstract provided.
Diverse Perspectives And The Religion Clauses: An Examination Of Justifications And Qualifying Beliefs, Kent Greenawalt
Diverse Perspectives And The Religion Clauses: An Examination Of Justifications And Qualifying Beliefs, Kent Greenawalt
Notre Dame Law Review
No abstract provided.
Revitalization Of The Free Exercise Of Religion Under State Constitutions: A Response To Employment Division V. Smith, Stuart G. Parsell
Revitalization Of The Free Exercise Of Religion Under State Constitutions: A Response To Employment Division V. Smith, Stuart G. Parsell
Notre Dame Law Review
No abstract provided.
Religious Hybrids In The Lower Courts: Free Exercise Plus Or Constitutional Smoke Screen, William L. Esser Iv
Religious Hybrids In The Lower Courts: Free Exercise Plus Or Constitutional Smoke Screen, William L. Esser Iv
Notre Dame Law Review
No abstract provided.
First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson
First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson
University of Miami Law Review
No abstract provided.
Orthodox Jewish Prisoners And The Turner Effect, Eric J. Zogry
Orthodox Jewish Prisoners And The Turner Effect, Eric J. Zogry
Louisiana Law Review
No abstract provided.
Understanding Faith: When Religious Parents Decline Conventional Medical Treatment For Their Children, Anne D. Lederman
Understanding Faith: When Religious Parents Decline Conventional Medical Treatment For Their Children, Anne D. Lederman
Case Western Reserve Law Review
No abstract provided.
No Sinners Under My Roof: Can California Landlords Refuse To Rent To Unmarried Couples By Claiming A Religious Freedom Of Exercise Exemption From A Statute Which Prohibits Marital Status Discrimination?, Malgorzata K. Laskowska
No Sinners Under My Roof: Can California Landlords Refuse To Rent To Unmarried Couples By Claiming A Religious Freedom Of Exercise Exemption From A Statute Which Prohibits Marital Status Discrimination?, Malgorzata K. Laskowska
Santa Clara Law Review
No abstract provided.
What Hath Congress Wrought - An Interpretive Guide To The Religious Freedom Restoration Act, Thomas C. Berg
What Hath Congress Wrought - An Interpretive Guide To The Religious Freedom Restoration Act, Thomas C. Berg
Villanova Law Review
No abstract provided.
Comment: Not A Prayer For Curricular Reform After Lee V. Weisman, Joanne C. Brant
Comment: Not A Prayer For Curricular Reform After Lee V. Weisman, Joanne C. Brant
Case Western Reserve Law Review
No abstract provided.