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Full-Text Articles in Law
Religious Freedom Through Market Freedom: The Sherman Act And The Marketplace For Religion, Barak D. Richman
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 organization …
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
William & Mary Law Review
No abstract provided.
Religion At A Public University, Gerard V. Bradley
Religion At A Public University, Gerard V. Bradley
William & Mary Law Review
No abstract provided.
Why Church And State Should Be Separate, Erwin Chemerinsky
Why Church And State Should Be Separate, Erwin Chemerinsky
William & Mary Law Review
No abstract provided.
Accommodation And Equal Liberty, Lisa Schultz Bressman
Accommodation And Equal Liberty, Lisa Schultz Bressman
William & Mary Law Review
No abstract provided.
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
William & Mary Law Review
No abstract provided.
Free? Exercise, Marci A. Hamilton
How Not To Challenge The Court, Neal Devins
How Not To Challenge The Court, Neal Devins
William & Mary Law Review
No abstract provided.
The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla
The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
William & Mary Law Review
No abstract provided.
Rfra, David P. Currie
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
William & Mary Law Review
No abstract provided.
Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith
Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith
William & Mary Law Review
No abstract provided.
Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
The Free Exercise Thereof, Stephen L. Carter
The Free Exercise Thereof, Stephen L. Carter
William & Mary Law Review
No abstract provided.
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler
William & Mary Law Review
No abstract provided.
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
William & Mary Law Review
No abstract provided.
Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein
Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein
William & Mary Law Review
No abstract provided.
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
William & Mary Law Review
No abstract provided.
The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland
The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland
William & Mary Law Review
No abstract provided.
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
William & Mary Law Review
No abstract provided.
Introduction To Religion And The State, Gene R. Nichol
Introduction To Religion And The State, Gene R. Nichol
William & Mary Law Review
No abstract provided.
Section 401(B) Of The Health Programs Extension Act: An Abortive Attempt By Congress To Solve A Constitutional Dilemma
William & Mary Law Review
No abstract provided.
Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn
Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn
William & Mary Law Review
No abstract provided.
The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey
The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey
William & Mary Law Review
No abstract provided.
The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld
The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld
William & Mary Law Review
No abstract provided.