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Articles 1 - 15 of 15
Full-Text Articles in Religion Law
Does A Broad Free Exercise Right Require A Narrow Definition Of Religion, 39 Hastings Const. L.Q. 357 (2012), Donald L. Beschle
Does A Broad Free Exercise Right Require A Narrow Definition Of Religion, 39 Hastings Const. L.Q. 357 (2012), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
In the 1990 case of Employment Division v. Smith, a sharply divided Supreme Court abandoned the routine application of strict scrutiny when considering Free Exercise Clause claims seeking exemption from generally applicable legal duties or prohibitions. The Court returned to an older view of the Free Exercise Clause as protecting believers only from government acts that were aimed specifically at beliefs, and that grew out of hostility to the religion rather than a desire to further legitimate secular goals.
Reaction to Smith was largely negative, and legislative and state court responses followed, seeking to restore strict scrutiny as the appropriate …
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
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. …
Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain
Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain
UIC Law Open Access Faculty Scholarship
No abstract provided.
Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, 35 Hastings Const. L.Q. 505 (2008), Mary Jean Dolan
Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, 35 Hastings Const. L.Q. 505 (2008), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Prisoner's Right To Religious Diet Beyond The Free Exercise Clause, 51 Ucla L. Rev. 1151 (2004), Benjamin Liu
A Prisoner's Right To Religious Diet Beyond The Free Exercise Clause, 51 Ucla L. Rev. 1151 (2004), Benjamin Liu
UIC Law Open Access Faculty Scholarship
Are religious prisoners entitled to dietary accommodations consistent with their religious beliefs? The current answer for this question derives from two 1987 cases, Turner v. Safley and O'Lone v. Estate of Shabazz, in which the U.S. Supreme Court articulated a factor-driven balancing test. Under this test, a prison regulation may burden an inmate's rights only if, on balance, the regulation reasonably serves a penological interest. However, the application of the Turner test often leads to conflicting results in the lower courts. The conflicting legal decisions stem from ambiguities in the concept of "reasonableness." In this Comment, I argue that the …
Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, 4 U. Pa. J. Const. L. 451 (2002), Donald L. Beschle
Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, 4 U. Pa. J. Const. L. 451 (2002), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, 31 Loy. U. Chi. L.J. 153 (2000), Mary Jean Dolan
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, 31 Loy. U. Chi. L.J. 153 (2000), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Religion And The Law In The Commonwealth Of Independent States And The Baltic Nations, 4 Touro J. Transnat'l L. 103 (1993), Ralph Ruebner, Mary L. Martin, Carolyn H. Gasey
Religion And The Law In The Commonwealth Of Independent States And The Baltic Nations, 4 Touro J. Transnat'l L. 103 (1993), Ralph Ruebner, Mary L. Martin, Carolyn H. Gasey
UIC Law Open Access Faculty Scholarship
No abstract provided.
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Paradigms Lost: The Second Circuit Faces The New Era Of Religion Clause Jurisprudence, 57 Brook. L. Rev. 547 (1991), Donald L. Beschle
Paradigms Lost: The Second Circuit Faces The New Era Of Religion Clause Jurisprudence, 57 Brook. L. Rev. 547 (1991), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle
The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.