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Articles 1 - 6 of 6
Full-Text Articles in Religion Law
Panelist, “The Current Clash”, Michael Helfand
Panelist, “The Current Clash”, Michael Helfand
Michael A Helfand
No abstract provided.
Implied Consent: A Proposal On For-Profit Conscience, Michael Helfand
Implied Consent: A Proposal On For-Profit Conscience, Michael Helfand
Michael A Helfand
No abstract provided.
Testimony Before The U.S. Commission On Civil Rights, Briefing On Peaceful Coexistence: Reconciling Non-Discrimination Principles With Civil Liberties, Michael A. Helfand
Testimony Before The U.S. Commission On Civil Rights, Briefing On Peaceful Coexistence: Reconciling Non-Discrimination Principles With Civil Liberties, Michael A. Helfand
Michael A Helfand
No abstract provided.
What Is A "Church"?: Implied Consent And The Contraception Mandate, Michael Helfand
What Is A "Church"?: Implied Consent And The Contraception Mandate, Michael Helfand
Michael A Helfand
This Article considers the “religious employer” exception to the “contraception mandate” – that is, the “preventative care” requirements announced by Department of Health and Human Services pursuant to the Patient Protection and Affordable Care Act. This exception has triggered significant litigation with a variety of employers claiming that they have been excluding from the “religious employer” classification in violation of both the First Amendment and the Religious Freedom Restoration Act. In considering these claims, this Article applies an “implied consent” framework to these cases, which grounds the authority of religious institutions in the presumed consent of their members. On such …
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Michael A Helfand
This Article considers a trend towards what I have termed the "new multiculturalism," where conflicts between law and religion are less about recognition and symbolism and more about conflicting legal orders. Nothing typifies this trend more than the increased visibility of religious arbitration, whereby religious groups use current arbitration doctrine to have their disputes adjudicated not in U.S. courts and under U.S. law, but before religious courts and under religious law. This dynamic has pushed the following question to the forefront of the multicultural agenda: under what circumstances should U.S. courts enforce arbitration awards issued by religious courts in accordance …
How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand
How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand
Michael A Helfand
This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …