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Freedom of Religion

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Institution
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Articles 1 - 30 of 107

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 ...


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.


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 ...


(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 ...


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.


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.


Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett Oct 2014

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.


Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff Sep 2014

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

Georgia Journal of International & Comparative Law

No abstract provided.


A Corporation Has No Soul — The Business Entity Law Response To Challenges To The Ppaca Contraceptive Mandate, Thomas E. Rutledge Feb 2014

A Corporation Has No Soul — The Business Entity Law Response To Challenges To The Ppaca Contraceptive Mandate, Thomas E. Rutledge

William & Mary Business Law Review

The most contentious matter in the implementation of the Patient Protection and Affordable Care Act is not one of health care, but rather one of the law of business organizations. Numerous for-profit business organizations have challenged the portion of the PPACA and its related regulations requiring that group health insurance plans provide, on a no-cost sharing basis, coverage for a variety of procedures and prescription medicines involving contraception and what some describe as “abortificants.” In these suits, the various business ventures and their owners assert that they should be exempt from the requirement of the mandate on the basis that ...


Piercing The Religious Veil Of The So-Called Cults , Joey Peter Moore Feb 2013

Piercing The Religious Veil Of The So-Called Cults , Joey Peter Moore

Pepperdine Law Review

No abstract provided.


Government Entanglement With Religion: What Degree Of Proof Is Required? , Lee Boothby Feb 2013

Government Entanglement With Religion: What Degree Of Proof Is Required? , Lee Boothby

Pepperdine Law Review

No abstract provided.


Piercing Politics: Religious Garb And Secularism In Public Schools, Priti Nemani Jan 2013

Piercing Politics: Religious Garb And Secularism In Public Schools, Priti Nemani

Asian American Law Journal

This Article examines the Iacono case and similar incidents of religion combating public school dress codes. In so doing, the discussion hopes to offer solutions not only for those students whose constitutional rights are violated by the limited nature of school policies, but to help schools prevent policy from infringing upon individual liberties. The central objectives of the discussion are to understand what happened in Iacono, where the majority of high schools fall on the issue of religious apparel in schools, what procedures exist to deal with the assertion of a religious apparel exemption from school dress codes, and what ...


The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle Nov 2012

The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle

William & Mary Bill of Rights Journal

No abstract provided.


The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti Mar 2012

The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti

William & Mary Bill of Rights Journal

Six years after prohibiting the wearing of headscarves by students in public schools, the French state passed a law prohibiting the wearing of burkas in public places. Compared to France, in the United States there is more tolerance for wearing signs of religious affiliation. The difference in legal responses can be understood in reference to a different background understanding of the fundamental presuppositions of republicanism in the two legal and political orders, which also define their conception of secularism. The law enacted in France can be understood in a general frame of a paternalistic state, which is seen as permitted ...


Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen Mar 2012

Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen

William & Mary Bill of Rights Journal

No abstract provided.


Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith Jan 2012

Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith

Pepperdine Law Review

This article challenges the standard view in which Everson v. Board of Education was the foundational and most important establishment clause decision and the school prayer decisions of the early 1960s (Engel v. Vitale and Abington School District v. Schempp) were virtually automatic corollaries. In fact, the article argues, it was the school prayer decisions that were foundational, subverting Everson’s “no aid separationism,” and animating not only later establishment clause jurisprudence but much else in constitutional and public discourse besides. Indeed, it is plausible to see the influence of the school prayer decisions and their articulation of secular neutrality ...


First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf Oct 2011

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

Touro Law Review

No abstract provided.


Rationalizing Religious Exemptions: A Legislative Process Theory Of Statutory Exemptions For Religion, Zoe Robinson Oct 2011

Rationalizing Religious Exemptions: A Legislative Process Theory Of Statutory Exemptions For Religion, Zoe Robinson

William & Mary Bill of Rights Journal

This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a person’s religious freedom is dependent on their political power. Following the Supreme Court’s 1990 decision of Employment Division v. Smith, the legislature has sole control over the enactment of accommodations and exemptions from laws of general application for religious adherents. This Article argues that post-Smith accounts of religious liberty and pluralism fail to systematically analyze the relationship between religious liberty and legislative exemptions. To this end, the Article proposes a unique public choice model that hypothesizes that legislative accommodations and exemptions ...


The Religious Liberty Of Judges, Daniel R. Suhr Oct 2011

The Religious Liberty Of Judges, Daniel R. Suhr

William & Mary Bill of Rights Journal

This Article begins by reviewing the government employee line of cases, starting with United Public Workers v. Mitchell in 1947.29 The first section concludes that the modified Pickering balancing test set forth in United States v. National Treasury Employees Union (NTEU) is the appropriate level of scrutiny for judicial conduct rules. The body of this Article reviews ways in which the four canons of the ABA Model Code of Judicial Ethics and official interpretations of and rulings regarding them limit the religious activities of judges. I conclude that numerous applications of the Model Code are unconstitutional infringements on judges ...


The Diminishing Free Speech Rights Of Military Chaplains In The Aftermath Of Repealing “Don’T Ask Don’T Tell”, Elyse Stiner Jul 2011

The Diminishing Free Speech Rights Of Military Chaplains In The Aftermath Of Repealing “Don’T Ask Don’T Tell”, Elyse Stiner

University of Miami National Security & Armed Conflict Law Review

No abstract provided.