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Full-Text Articles in Jurisprudence

Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman Aug 2013

Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman

Lewis M. Wasserman

Overcoming Obstacles to Religious Exercise in K-12 Education Lewis M. Wasserman Abstract Judicial decisions rendered during the last half-century have overwhelmingly favored educational agencies over claims by parents for religious accommodations to public education requirements, no matter what constitutional or statutory rights were pressed at the tribunal, or when the conflict arose. These claim failures are especially striking in the wake of the Religious Freedom Restoration Acts (“RFRAs”) passed by Congress in 1993 and, to date, by eighteen state legislatures thereafter, since the RFRAs were intended to (1) insulate religious adherents from injuries inflicted by the United States Supreme Court ...


Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill Aug 2013

Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill

Shlomo C. Pill

This paper considers the viability of autonomous-text constitutionalism, a constitutional interpretive and adjudicative theory based on Hans Georg-Gadamer’s philosophical hermeneutics. As the paper explains, this theory is premised on the subjectivity of all interpretive activity; it admits the legitimacy of a wide spectrum of reasonable interpretations of the Constitution, each given their unique character by the dialectical merging of experiential horizons between the fixed text and individual interpreter. This theory embraces a plurality of constitutional meanings in theory, limited by the need for unity in national spheres of constitutional practice. Such practical certainty is achieved by our empowering judicial ...


Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne Barnes Feb 2013

Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne Barnes

Wayne Barnes

There are many voices in American politics claiming that various candidates, laws and policies are necessitated by a “Christian” worldview. Many of these voices use explicit public rhetoric that their position is the one compelled by “Christian” principles. Although religious voices have been present in the United States since its founding, the volume and urgency of the voices seems to have increased dramatically in the last several decades, during the so-called “culture wars.” These voices famously come from the Christian Religious Right, advocating socially conservative laws on issues such as abortion and same-sex marriage. But there are also voices from ...


Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne R. Barnes Feb 2013

Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne R. Barnes

Wayne R. Barnes

There are many voices in American politics claiming that various candidates, laws and policies are necessitated by a “Christian” worldview. Many of these voices use explicit public rhetoric that their position is the one compelled by “Christian” principles. Although religious voices have been present in the United States since its founding, the volume and urgency of the voices seems to have increased dramatically in the last several decades, during the so-called “culture wars.” These voices famously come from the Christian Religious Right, advocating socially conservative laws on issues such as abortion and same-sex marriage. But there are also voices from ...