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Full-Text Articles in Law
Religious Neutrality And The Death Penalty, Arnold H. Loewy
Religious Neutrality And The Death Penalty, Arnold H. Loewy
William & Mary Bill of Rights Journal
Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror's religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts'general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutrality principle because aggravating factors, in general, are limited whereas mitigating factors are unlimited.
The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett
The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett
William & Mary Bill of Rights Journal
The ancient practice of polygamy became prevalent in parts of the United States in the mid-nineteenth century, when the Mormon Church canonized the doctrine of polygamy and encouraged its practice among its members. Today, there are nearly 40, 000 polygamists in the United States, mostly living in Utah. The Supreme Court has ruled on polygamy several times in decisions and dicta, each time finding it to be unconstitutional within the United States. In Reynolds v. United States, a 1878 decision upholding a statute that criminalized polygamy, the Court introduced the belief/action distinction that controls religious First Amendment doctrine today. This …
Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry
Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.