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Full-Text Articles in Law

What Standards Apply When Freedoms Collide?, Neal Devins Sep 2019

What Standards Apply When Freedoms Collide?, Neal Devins

Neal E. Devins

No abstract provided.


The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick Sep 2019

The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick

Timothy Zick

This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …


Coercion And Choice Under The Establishment Clause, Cynthia V. Ward Sep 2019

Coercion And Choice Under The Establishment Clause, Cynthia V. Ward

Cynthia V. Ward

In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …


Professors Alan J. Meese And Nathan B. Oman On Why Hobby Lobby And For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman Sep 2019

Professors Alan J. Meese And Nathan B. Oman On Why Hobby Lobby And For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Story Of A Forgotten Battle, Nathan B. Oman Sep 2019

The Story Of A Forgotten Battle, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman Sep 2019

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

Nathan B. Oman

No abstract provided.


Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman Sep 2019

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

Nathan B. Oman

No abstract provided.


Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman Sep 2019

Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Professors Alan J. Meese And Nathan B. Oman On Why Hobby Lobby And For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman Sep 2019

Professors Alan J. Meese And Nathan B. Oman On Why Hobby Lobby And For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Alan J. Meese

No abstract provided.


Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese Sep 2019

Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese

Alan J. Meese

No abstract provided.


Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman Sep 2019

Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Alan J. Meese

No abstract provided.


Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese Sep 2019

Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese

Alan J. Meese

No abstract provided.


How Not To Challenge The Court, Neal Devins Sep 2019

How Not To Challenge The Court, Neal Devins

Neal E. Devins

No abstract provided.


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Sep 2019

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Vivian E. Hamilton

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Sep 2019

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton Sep 2019

Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton

Vivian E. Hamilton

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.


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.


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.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Dec 2014

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

Josh Chafetz

No abstract provided.


Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman Apr 2014

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman

Stephen M. Feldman

No abstract provided.


The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper Aug 2013

The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper

Jesse H Choper

No abstract provided.


Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine Dec 2010

Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine

Samuel J. Levine

Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.

In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …


Ten Questions On Gay Rights And Freedom Of Religion, Wilson Huhn Jan 2009

Ten Questions On Gay Rights And Freedom Of Religion, Wilson Huhn

Wilson R. Huhn

In my opinion most of the legal and social problems that arise under the Constitution stem from the belief, held by some people, that they are better than other people. They do not hate anyone. They simply believe that they are superior and that the law ought to treat them better than the other group. This is true of whites who think they are superior to blacks, men who think they are superior to women, and heterosexuals who think they are superior to homosexuals.

People have often justified these types of beliefs by appeal to religion and have attempted to …


Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry Dec 2005

Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry

Patrick M. Garry

The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …