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Articles 1 - 6 of 6
Full-Text Articles in Religion Law
Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr
Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro
Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro
Scholarly Articles
The 1985-86 Term of the Supreme Court was characterized by continuing deep divisions within the Court regarding the nature of religious freedom, the role of religion in society, and the constitutional approach which should be adopted for cases raising religious freedom issues. In all, the Court decided five major religious freedom cases with full opinions, granted review in two cases, and denied review in at least thirty-three others. In addition, three other cases decided on the merits which did not specifically involve religious freedom did include discussion of important questions concerning the relationship of law and religion. In the summary …
The Concept Of Religion In State Constitutions, Kent Greenawalt
The Concept Of Religion In State Constitutions, Kent Greenawalt
Faculty Scholarship
A year and a half ago an article of mine was published on religion as a concept in constitutional law. The article concerned how courts should approach decisions about whether a belief, practice, organization, or classification is religious. The article did not address, except in passing, what the constitutional standards under the free exercise and establishment clauses should be if something that is religious is aided or inhibited in some way. Since in most cases arising under the religion clauses, the presence of something religious is not itself disputed, my article concerned only a small slice of religion cases.
My …
A Comment On Religious Convictions And Lawmaking, John H. Garvey
A Comment On Religious Convictions And Lawmaking, John H. Garvey
Scholarly Articles
No abstract provided.
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Scholarly Articles
One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to …
Debating Conviction Against Conviction — Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel
Debating Conviction Against Conviction — Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel
Articles & Chapters
No abstract provided.