Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Alexander (1)
- City of Boerne v. Flores (1)
- Congressional duty of deference (1)
- Congressional power (1)
- Constitutional law (1)
-
- Continual amendment (1)
- Establishment Clause (1)
- Fourteenth Amendment (1)
- Harvard Law Review (1)
- Judicial supremacy (1)
- Legislative supremacy (1)
- Loyola Los Angeles Law Review (1)
- Original intent (1)
- RFRA (1)
- Religious Freedom Restoration Act (1)
- Religious Freedom Restoration Act of 1993 (1)
- Religious clause (1)
- Religious liberty (1)
- Schauer (1)
- Separation of powers (1)
- Settlement function (1)
Articles 1 - 3 of 3
Full-Text Articles in Religion Law
Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle
Articles by Maurer Faculty
This article discusses and analyzes City of Boerne v. Flores, the Supreme Court's 1997 decision invalidating the Religious Freedom Restoration Act of 1993 (RFRA) as applied to state and local governments, and it explores a variety of ways in which Congress might respond to Boerne with legislation that might survive constitutional scrutiny. In particular, the article addresses the following statutory possibilities: more narrowly tailored legislation grounded on Section 5 of the Fourteenth Amendment; RFRA-like legislation grounded on Congress's power over interstate commerce or its power to implement treaties; and spending-power legislation imposing RFRA-like conditions on the receipt of federal funding …
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Publications
No abstract provided.
Originalism And The Religion Clauses: A Response To Professor George, Kent Greenawalt
Originalism And The Religion Clauses: A Response To Professor George, Kent Greenawalt
Faculty Scholarship
This response to Professor Robert George's thoughtful remarks tries to preserve the flavor of a brief rejoinder in a debate. I sketch differences with him over some major topics, but I do not develop these at length.