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Full-Text Articles in Religion Law
Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013), Bella Feinstein
UIC Law Review
No abstract provided.
Does A Broad Free Exercise Right Require A Narrow Definition Of Religion, 39 Hastings Const. L.Q. 357 (2012), Donald L. Beschle
Does A Broad Free Exercise Right Require A Narrow Definition Of Religion, 39 Hastings Const. L.Q. 357 (2012), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
In the 1990 case of Employment Division v. Smith, a sharply divided Supreme Court abandoned the routine application of strict scrutiny when considering Free Exercise Clause claims seeking exemption from generally applicable legal duties or prohibitions. The Court returned to an older view of the Free Exercise Clause as protecting believers only from government acts that were aimed specifically at beliefs, and that grew out of hostility to the religion rather than a desire to further legitimate secular goals.
Reaction to Smith was largely negative, and legislative and state court responses followed, seeking to restore strict scrutiny as the appropriate …
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan
Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands "government speech" to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new "government speech doctrine"- a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views-and "government speech" analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010), Susan C. Hascall
UIC Law Review
No abstract provided.
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
UIC Law Review
No abstract provided.
You Can Move In But You Can't Stay: To Protect Occupancy Rights After Halprin, The Fair Housing Act Needs To Be Amended To Prohibit Post-Acquisition Discrimination, 42 J. Marshall L. Rev. 751 (2009), Scott N. Gilbert
UIC Law Review
No abstract provided.
An Analysis Of Historical And Legal Sanctuary And A Cohesive Approach To The Current Movement, 42 J. Marshall L. Rev. 135 (2008), Pamela Begaj
UIC Law Review
No abstract provided.
The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler
The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler
UIC Law Review
No abstract provided.
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
UIC Law Review
No abstract provided.
Boerne And Buddhism: Reconsidering Religious Freedom And Religious Pluralism After Boerne V. Flores, 33 J. Marshall L. Rev. 689 (2000), Eric Pruitt
UIC Law Review
No abstract provided.
State Laws Criminalizing Female Circumcision: A Violation Of The Equal Protection Clause Of The Fourteenth Amendment, 32 J. Marshall L. Rev. 353 (1999), Shea Lita Bond
UIC Law Review
No abstract provided.
Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson
Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson
UIC Law Review
No abstract provided.
What's In A Name - Nothing Good If It's Friday: The Seventh Circuit Invalidates Good Friday Public School Holiday, 29 J. Marshall L. Rev. 1031 (1996), Joanne Yasus
UIC Law Review
No abstract provided.
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
UIC Law Review
No abstract provided.
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell
Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell
UIC Law Review
No abstract provided.
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
UIC Law Review
No abstract provided.
Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen
Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen
UIC Law Review
No abstract provided.
Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry
Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry
UIC Law Review
No abstract provided.
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
UIC Law Review
No abstract provided.