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Freedom of Religion

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Articles 1 - 30 of 181

Full-Text Articles in Law

Religious Freedom And The Federal Executive Branch: Suggestions For Future Administrations, Melissa Rogers Jun 2019

Religious Freedom And The Federal Executive Branch: Suggestions For Future Administrations, Melissa Rogers

University of St. Thomas Law Journal

No abstract provided.


The Paradox Of The Black Church And Religious Freedom, Jacqueline C. Rivers Jun 2019

The Paradox Of The Black Church And Religious Freedom, Jacqueline C. Rivers

University of St. Thomas Law Journal

No abstract provided.


Ten Reasons We Need Rigorous Research On Effective Compassion, Byron R. Johnson Jun 2019

Ten Reasons We Need Rigorous Research On Effective Compassion, Byron R. Johnson

University of St. Thomas Law Journal

No abstract provided.


America's Founders, Religious Liberty, And The Common Good, Mark David Hall Jun 2019

America's Founders, Religious Liberty, And The Common Good, Mark David Hall

University of St. Thomas Law Journal

No abstract provided.


The Earthly Good Of Being Heavenly Minded: The Economic Value Of Us Religion, Brian J. Grim Jun 2019

The Earthly Good Of Being Heavenly Minded: The Economic Value Of Us Religion, Brian J. Grim

University of St. Thomas Law Journal

No abstract provided.


Promises, Practices, And Consequences Of Religious Freedom: A Global Overview, Roger Finke, Dane R. Mataic Jun 2019

Promises, Practices, And Consequences Of Religious Freedom: A Global Overview, Roger Finke, Dane R. Mataic

University of St. Thomas Law Journal

No abstract provided.


Catholic Thought On The Common Good: A Place For Establishment Clause Limits To Religious Exercise, Angela C. Carmella Jun 2019

Catholic Thought On The Common Good: A Place For Establishment Clause Limits To Religious Exercise, Angela C. Carmella

University of St. Thomas Law Journal

No abstract provided.


The Common Good Requires Robust Institutional Religious Freedom, Stanley Carlson-Thies Jun 2019

The Common Good Requires Robust Institutional Religious Freedom, Stanley Carlson-Thies

University of St. Thomas Law Journal

No abstract provided.


Religious Freedom Through Market Freedom: The Sherman Act And The Marketplace For Religion, Barak D. Richman Mar 2019

Religious Freedom Through Market Freedom: The Sherman Act And The Marketplace For Religion, Barak D. Richman

William & Mary Law Review

In prior work, I examined certain restraints by private religious organizations and concluded that the First Amendment did not immunize these organizations from antitrust liability. In short, the First Amendment did not preempt enforcing the Sherman Act against certain religious monopolies or cartels.

This Article offers a stronger argument: First Amendment values demand antitrust enforcement. Because American religious freedoms, enshrined in the Constitution and reflected in American history, are quintessentially exercised when decentralized communities create their own religious expression, the First Amendment’s religion clauses are best exemplified by a proverbial marketplace for religions. Any effort to stifle a market ...


There Is No Such Thing As Freedom Of Religion: How Constitutional Law Complicates The Divide Between Church And State, Annah Mae Heckman Jan 2019

There Is No Such Thing As Freedom Of Religion: How Constitutional Law Complicates The Divide Between Church And State, Annah Mae Heckman

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.


The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge Oct 2018

The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge

William & Mary Bill of Rights Journal

No abstract provided.


Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Why Church And State Should Be Separate, Erwin Chemerinsky Jun 2017

Why Church And State Should Be Separate, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky Jun 2017

The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Jan 2016

Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Appellate Briefs

No abstract provided.


Religious Institutionalism In A Canadian Context, Victor M. Muñiz-Fraticelli, Lawrence David Jan 2016

Religious Institutionalism In A Canadian Context, Victor M. Muñiz-Fraticelli, Lawrence David

Osgoode Hall Law Journal

Does freedom of religion protect religious institutions or does it only protect the individual religious conscience? Canadian jurisprudence after the enactment of the Canadian Charter of Rights and Freedoms takes a decidedly individualist turn, deliberately avoiding the question of the rights of religious institutions. This individualist focus neglects the historical trajectory of religious freedom, the social understanding of religious faith by religious adherents themselves, and the institutional structures in which religion emerges and develops (and through which it is ultimately protected). An institutional account of religious liberty can complement the individualist account, as it better explains the legal order, better ...


Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman Jan 2016

Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman

Faculty Scholarship

No abstract provided.


(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman Dec 2015

(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman

William & Mary Bill of Rights Journal

Substantive due process issues implicitly concern voice. Whose voice will be heard? Although such issues often remain submerged, the Justices occasionally translate them into disputes over democratic participation and power. The Supreme Court’s most important substantive due process decision in years, Obergefell v. Hodges, entailed such a battle over democracy. The multiple dissenting opinions insisted that the decision demeaned the opponents of same-sex marriage, many of whom were inspired by traditional values and religious convictions. The majority explicitly disagreed, reasoning that the case resolved the rights of same-sex couples to marry and did not diminish the opponents’ voices. The ...


Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Aug 2015

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Appellate Briefs

No abstract provided.


The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla Jul 2015

The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla

Rod Smolla

No abstract provided.


Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin May 2015

Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin

Touro Law Review

No abstract provided.


Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman Apr 2015

Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman

Popular Media

No abstract provided.


The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman Apr 2015

The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman

Popular Media

No abstract provided.


Markets, Religion, And The Limits Of Privacy, Nathan B. Oman Apr 2015

Markets, Religion, And The Limits Of Privacy, Nathan B. Oman

Popular Media

No abstract provided.


Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer Apr 2015

Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer

Faculty Publications

No abstract provided.


First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf Feb 2015

First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf

Michael C. Dorf

No abstract provided.


The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler Feb 2015

The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler

Laura S. Underkuffler

No abstract provided.


A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby Feb 2015

A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby

Pepperdine Law Review

Earlier this term, the United States Supreme Court heard oral argument in the consolidated case of Hobby Lobby Stores, Inc. v. Sebelius, the first of a litany of cases in which for-profit business entities are invoking the Religious Freedom Restoration Act ("RFRA") in support of their claim that the Affordable Care Act’s HHS Mandate violates their freedom of religion. In particular, these plaintiffs argue that the Mandate’s requirement that employer-provided health insurance covers the costs of contraceptives, the "morning after" pill, and other fertility-related drugs conflicts with their deeply-held religious belief that life begins at conception and is ...


Public Accommodation Statutes And Sexual Orientation: Should There Be A Religious Exemption For Secular Businesses?, Lucien J. Dhooge Feb 2015

Public Accommodation Statutes And Sexual Orientation: Should There Be A Religious Exemption For Secular Businesses?, Lucien J. Dhooge

William & Mary Journal of Race, Gender, and Social Justice

This Article examines the issue of whether there should be a religious exemption for secular businesses from public accommodation statutes that protect prospective patrons from discrimination on the basis of sexual orientation. The Article examines this issue in the context of protecting free exercise of religion versus offering services to all members of the public equally and without distinction. The Article concludes that the perceived threat to religious liberty posed by such statutes is exaggerated, that the consequences of granting exemptions would be harmful, and that state-sanctioned discrimination is contrary to the fundamental principles of justice and equality underlying the ...


Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan Feb 2015

Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.