Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First Amendment (2)
- Supreme Court (2)
- Antidiscrimination law (1)
- Charitable organization (1)
- Contract law (1)
-
- Cult (1)
- Discriminatory practices (1)
- Doctrinal shifts (1)
- Establishment Clause (1)
- Expressive activity (1)
- Federal Arbitration Act (1)
- Fighting words (1)
- Free Exercise Clause (1)
- Historical practices (1)
- Internal Revenue Service (1)
- Private letter rulings (1)
- Public forum (1)
- RFRA (1)
- Race (1)
- Regulation of religious activities (1)
- Religious arbitration (1)
- Religious coercion (1)
- Religious freedom statutes (1)
- Religious institutions (1)
- Religious minorities (1)
- Secular arbitration (1)
- Tax-exempt status (1)
- Tort law (1)
Articles 1 - 4 of 4
Full-Text Articles in Religion Law
The New Fourth Era Of American Religious Freedom, John Witte Jr., Eric Wang
The New Fourth Era Of American Religious Freedom, John Witte Jr., Eric Wang
Faculty Articles
The U.S. Supreme Court has entered decisively into a new fourth era of American religious freedom. In the first era, from 1776 to 1940, the Court largely left governance of religious freedom to the individual states and did little to enforce the First Amendment Religion Clauses. In the second era, from 1940 to 1990, the Court “incorporated” the First Amendment into the Fourteenth Amendment Due Process Clause and applied both a strong Free Exercise Clause and a strong Establishment Clause against federal, state, and local governments alike. In the third era, from the mid-1980s to 2010, the Court softened the …
Antidiscrimination And Tax Exemption, Alex Zhang
Antidiscrimination And Tax Exemption, Alex Zhang
Faculty Articles
The Supreme Court held, in Bob Jones University v. United States, that violations of fundamental public policy— including race discrimination in education—disqualify an entity for tax exemption. The holding of the case was broad, and its results cohered with the ideals of progressive society: the government ought not to subsidize discrimination, particularly of marginalized groups. But almost four decades later, the decision has never realized its antidiscriminatory potential. The Internal Revenue Service (IRS) has limited implementation to the narrowest facts of the case. The scholarly literature has not formulated a systematic account of how to enforce the Bob Jones …
In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor
In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor
Faculty Articles
The recent article In God We Trust (Unless We Change Our Mind): How State of Mind Relates to Religious Arbitration ("In God We Trust") proposes that those who sign arbitration agreements that consent to a religious legal system as the basis of the rules of arbitration be allowed to back out of such agreements based on their constitutional right to free exercise. This article is a response and is divided into two sections. In the first section, we show that such an exemption would violate the Federal Arbitration Act's (FAA) basic rules preventing the states from heightened regulation of arbitration …
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Faculty Articles
This article will consider various aspects of the U.S. legal system that affect proselytism. Although the United States has had a longstanding constitutional guarantee of the “free exercise” of religion, there are nonetheless significant constraints upon free exercise directly relating to proselytism. Some legal commentators, including Douglas Laycock, have argued that our decentralized system of government leads to insufficient protection of religious liberty, especially for religious minorities.Most case law on the subject in the United States, as well as most attempts to regulate behavior by ordinance or statute, have developed in response to groups or individuals that are outside the …