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Articles 1 - 8 of 8
Full-Text Articles in Religion Law
Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck
Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck
Faculty Publications
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. …
The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver
The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor …
Undoing Neutrality?: From Church-State Separation To Judeo-Christian Tolerance, Frederick Mark Gedicks
Undoing Neutrality?: From Church-State Separation To Judeo-Christian Tolerance, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.
When Is Religious Speech Outrageous?: Snyder V. Phelps And The Limits Of Religious Advocacy, Jeffrey Shulman
When Is Religious Speech Outrageous?: Snyder V. Phelps And The Limits Of Religious Advocacy, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
The Constitution affords great protection to religiously motivated speech. Religious liberty would mean little if it did not mean the right to profess and practice as well as to believe. But are there limits beyond which religious speech loses its constitutional shield? Would it violate the First Amendment to subject a religious entity to tort liability if its religious profession causes emotional distress? When is religious speech outrageous?
These are vexing questions, to say the least; but the United States Supreme Court will take them up next term—and it will do so in a factual context that has generated as …
Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin
Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin
Scholarly Works
No abstract provided.
In Celebration Of Steven Shiffrin's The Religious Left And Church-State Relations, Kent Greenawalt
In Celebration Of Steven Shiffrin's The Religious Left And Church-State Relations, Kent Greenawalt
Faculty Scholarship
Steven Shiffrin's The Religious Left and Church-State Relations is a truly remarkable book in many respects. I shall briefly note a few of its striking features, including some illustrative passages, and outline a number of its central themes, before tackling what for me is its most challenging and perplexing set of theses – the relations between constitutional and political discourse, and between religious liberals, on the one hand, and religious conservatives and secular liberals on the other.
We might well think of this as two books in one: a book about the constitutional law of free exercise and non-establishment, and …
Fundamental Questions About The Religion Clauses: Reflections On Some Critiques, Kent Greenawalt
Fundamental Questions About The Religion Clauses: Reflections On Some Critiques, Kent Greenawalt
Faculty Scholarship
This essay responds to some major critiques of my work on the religion clauses. The effort has seemed worth undertaking because many issues the critics raise lie at the core of one’s approach to free exercise and nonestablishment, and some of those issues matter greatly for constitutional adjudication more broadly. Like any author, perhaps, my reaction to reading some comments has been that I did not quite say that, but I shall not bore you with these quibbles about how well I explained myself in the past. Rather, I shall try to confront the genuinely basic questions that many of …