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- Town of Greece v. Galloway (134 S. Ct. 1811 (2014)) (1)
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Articles 1 - 13 of 13
Full-Text Articles in Religion Law
The Establishment Clause, State Action, And Town Of Greece, Nathan S. Chapman
The Establishment Clause, State Action, And Town Of Greece, Nathan S. Chapman
William & Mary Bill of Rights Journal
The Establishment Clause forbids the government from engaging in the same religious exercise that the law protects when performed by a private party. Thus, an establishment case often turns on whether religious activity is “state action.” Too often, however, courts ignore the state action analysis or merge it with the substantive Establishment Clause analysis. This muddles both doctrines and threatens individual religious liberty.
This Article argues that the state action doctrine should account for the government’s distribution of private rights. Accordingly, the Constitution applies to the government’s distribution of rights, but not to a private party’s use of those rights. …
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman
William & Mary Bill of Rights Journal
Substantive due process issues implicitly concern voice. Whose voice will be heard? Although such issues often remain submerged, the Justices occasionally translate them into disputes over democratic participation and power. The Supreme Court’s most important substantive due process decision in years, Obergefell v. Hodges, entailed such a battle over democracy. The multiple dissenting opinions insisted that the decision demeaned the opponents of same-sex marriage, many of whom were inspired by traditional values and religious convictions. The majority explicitly disagreed, reasoning that the case resolved the rights of same-sex couples to marry and did not diminish the opponents’ voices. The dissenters …
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Briefs
No abstract provided.
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
No abstract provided.
Religious Tests And The British Monarchy, Nathan B. Oman
Religious Tests And The British Monarchy, Nathan B. Oman
Popular Media
No abstract provided.
Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman
Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman
Popular Media
No abstract provided.
Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman
Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman
Popular Media
No abstract provided.
Markets, Religion, And The Limits Of Privacy, Nathan B. Oman
Markets, Religion, And The Limits Of Privacy, Nathan B. Oman
Popular Media
No abstract provided.
Indiana And Doux Commerce, Nathan B. Oman
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
Faculty Publications
No abstract provided.
The Need For A Law Of Church And Market, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
Faculty Publications
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …
Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan
Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
Faculty Publications
No abstract provided.