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Full-Text Articles in Religion Law
Review Essay: Charity For The Autonomous Self, Carl H. Esbeck
Review Essay: Charity For The Autonomous Self, Carl H. Esbeck
Faculty Publications
Review essay for "Charity Law and the Liberal State", by Matthew Harding and "Religion, Charity and Human Rights", by Kerry O'Halloran.
Religious Accomodation, Religious Tradition, And Political Polarization, Marc O. Degirolami
Religious Accomodation, Religious Tradition, And Political Polarization, Marc O. Degirolami
Faculty Publications
A religious accommodation is an exemption from compliance with the law for some but not for others. One might therefore suppose that before granting an accommodation, courts would inquire about whether a legal interference with religious belief or practice is truly significant, if only to evaluate whether the risk of political polarization that attends accommodation is worth hazarding. But that is not the case: any assessment of the significance of a religious belief or practice within a claimant’s belief system is strictly forbidden.
Two arguments are pressed in support of this view: (1) courts have institutional reasons for acquiescing on …