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Articles 1 - 19 of 19
Full-Text Articles in Law
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Neal E. Devins
No abstract provided.
The First Amendment’S Global Dimension, Timothy Zick
The First Amendment’S Global Dimension, Timothy Zick
Timothy Zick
No abstract provided.
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
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 …
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
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
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Nineteenth Century Corporate Law: A New Lens For Religious Freedom Scholars, Nathan B. Oman
Nineteenth Century Corporate Law: A New Lens For Religious Freedom Scholars, 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
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
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
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
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
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Alan J. Meese
No abstract provided.
Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton
Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf
Michael C. Dorf
No abstract provided.
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
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
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
Stephen M. Feldman
No abstract provided.
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Peter G. Danchin
No abstract provided.
Freedom Of Religion, Avihay Dorfman
Freedom Of Religion, Avihay Dorfman
Avihay Dorfman
Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected relationship between religious liberty and democracy. Indeed, a proper account of the legitimacy of the democratic process, I argue, dissolves the mystery surrounding freedom …
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
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 …