Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (11)
- Constitutional Law (8)
- Law and Society (7)
- Arts and Humanities (5)
- Religion (5)
-
- Social and Behavioral Sciences (5)
- Civil Rights and Discrimination (4)
- Criminal Law (3)
- Law and Politics (3)
- Legal History (3)
- Public Law and Legal Theory (3)
- Sociology (3)
- Sociology of Religion (3)
- Administrative Law (2)
- Business Organizations Law (2)
- Courts (2)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
- Education (2)
- Gifted Education (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Judges (2)
- Jurisprudence (2)
- Law and Economics (2)
- Law and Philosophy (2)
- Legal Studies (2)
- Supreme Court of the United States (2)
- Tax Law (2)
- Institution
-
- Columbia Law School (4)
- Boston University School of Law (3)
- Emory University School of Law (2)
- Notre Dame Law School (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
-
- University of Miami Law School (2)
- University of Michigan Law School (2)
- University of Missouri School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Liberty University (1)
- Loyola University Chicago, School of Law (1)
- Osgoode Hall Law School of York University (1)
- Rochester Institute of Technology (1)
- Roger Williams University (1)
- SJ Quinney College of Law, University of Utah (1)
- Singapore Management University (1)
- University of Arkansas, Fayetteville (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Nebraska - Lincoln (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of the District of Columbia School of Law (1)
- Wayne State University (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- First Amendment (9)
- Religion (7)
- Religious liberty (5)
- Christianity (3)
- Establishment Clause (3)
-
- Israel (3)
- Supreme Court (3)
- Bigotry (2)
- Church (2)
- Free Exercise Clause (2)
- Markets (2)
- Religious arbitration (2)
- Same-sex marriage (2)
- Tolerance (2)
- 9/11 (1)
- ADR (1)
- Abortion (1)
- Accuracy (1)
- American Indian Law (1)
- American Law (1)
- And Comparative Jewish Law (1)
- And the Law (1)
- Anti-Islamic Sentiments (1)
- Arkansas rule of civil procedure (1)
- Atheism (1)
- Augustine (1)
- Authenticity (1)
- Autonomy (1)
- Burwell v. Hobby Lobby Stores (1)
- COVID (1)
- Publication
-
- Articles (5)
- Faculty Scholarship (5)
- Faculty Publications (3)
- Journal Articles (3)
- Scholarly Works (3)
-
- Center for Gender & Sexuality Law (2)
- Court Briefs (2)
- Faculty Articles (2)
- Law Faculty Scholarship (2)
- All Faculty Scholarship (1)
- All Papers (1)
- Arkansas Law Notes (1)
- Book Chapters (1)
- Faculty Publications & Other Works (1)
- Honors Theses (1)
- Law Faculty Research Publications (1)
- Other Publications (1)
- Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Senior Honors Theses (1)
- Utah Law Faculty Scholarship (1)
Articles 1 - 30 of 39
Full-Text Articles in Religion Law
Obergefell, Masterpiece Cakeshop, Fulton, And Public-Private Partnerships: Unleashing V. Harnessing 'Armies Of Compassion' 2.0?, Linda C. Mcclain
Obergefell, Masterpiece Cakeshop, Fulton, And Public-Private Partnerships: Unleashing V. Harnessing 'Armies Of Compassion' 2.0?, Linda C. Mcclain
Faculty Scholarship
Fulton v. City of Philadelphia presented a by-now familiar constitutional claim: recognizing civil marriage equality—the right of persons to marry regardless of gender—inevitably and sharply conflicts with the religious liberty of persons and religious institutions who sincerely believe that marriage is the union of one man and one woman. While the Supreme Court’s 9-0 unanimous judgment in favor of Catholic Social Services (CSS) surprised Court-watchers, Chief Justice Roberts’s opinion did not signal consensus on the Court over how best to resolve the evident conflicts raised by the contract between CSS and the City of Philadelphia. This article argues that it …
Beyond The Public Square: Imagining Digital Democracy, Mary Anne Franks
Beyond The Public Square: Imagining Digital Democracy, Mary Anne Franks
Articles
To create online spaces that do not merely replicate existing hierarchies and reinforce unequal distributions of social, economic, cultural, and political power, we must move beyond the simplistic clich6 of the unregulated public square and commit to the hard work of designing for democracy.
When we say 'public square,' ... we need to ask- who or what is this public? Who owns this space, what makes it public? . . . This is the essence of democracy: the ability to question power, and the power to do so. - Tom Wilkinson
Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock
Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock
Articles
This Article reviews the U.S. Department of Justice's toolbox for handling potentially privileged materials, with close attention to the evolution from filter teams to the Special Matters Unit in fraud prosecutions. Significant case opinions from the U.S. Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits reveal the judiciary's diverse views on filter teams. The recent case of United States v. Esformes in the U.S. District Court for the Southern District of Florida, now on appeal to the Eleventh Circuit, illustrates how a filter team can fall short and draw unflattering attention to the Department of Justice. In the …
Why 9/11 Matters To Singapore, Tan K. B. Eugene
Why 9/11 Matters To Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed why 9/11 matters to Singapore. He opined that when it comes to countering the terrorist threat, civil society has an important role to play in strengthening inter-faith engagement and understanding.
An Extended Essay On Church Autonomy, Carl H. Esbeck
An Extended Essay On Church Autonomy, Carl H. Esbeck
Faculty Publications
The doctrine of church autonomy has its own exclusive line of precedent running from Watson v. Jones (1872) through Kedroff v. St. Nicholas Cathedral (1952) - where the doctrine was first recognized as having First Amendment stature - and culminating with renewed vigor for religious institutional autonomy in the unanimous decision of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012). Attention to church autonomy has expanded rapidly since the Supreme Court’s decision in Hosanna-Tabor, and its scope is much disputed as it pushes aside other claims and interests. In its most familiar form—the “ministerial exception” - it is …
Defending A Religious Institution Using The Charitable Immunity And Ecclesiastical Doctrine Defenses To Tort Liability, Michael M. Harrison
Defending A Religious Institution Using The Charitable Immunity And Ecclesiastical Doctrine Defenses To Tort Liability, Michael M. Harrison
Arkansas Law Notes
efense attorneys in Arkansas are, not infrequently, called upon to defend religious institutions from tort suits brought against them for a variety of reasons. Such claims may arise out of a motor vehicle accident involving a church bus, a slip and fall accident on church premises, a claim of sexual molestation on the part of a church employee, or another type of claim. In defending claims against religious institutions, it is imperative that the defense of charitable immunity and, where applicable, the Ecclesiastical doctrine, be raised in the first responsive pleading to the Complaint, be that an Answer and/or a …
State Complicity And Religious Extremism: Failing The Vulnerable Individual, Amos N. Guiora
State Complicity And Religious Extremism: Failing The Vulnerable Individual, Amos N. Guiora
Utah Law Faculty Scholarship
Religious extremism—especially when unhindered by the state—can result in unimaginable harm to individuals. That is not to suggest that the only extremism is religious extremism.
That would be patently incorrect and a profound misrepresentation of history; secular extremism - Communism, Fascism, Nazism, Pol Pot, Mao to name but the most obvious - has exacted an unimaginable price on hundreds of millions of people over the ages. While our examination will focus exclusively on religious extremism that is not intended - in any way - to minimize the extraordinary harm inflicted on innocent individuals by extremism not based on religion. To …
Religion's Ascension To A Top-Tier Right During Covid: New Report Unpacks The Supreme Court’S Recent Religious Liberty Cases, Law, Rights, And Religion Project
Religion's Ascension To A Top-Tier Right During Covid: New Report Unpacks The Supreme Court’S Recent Religious Liberty Cases, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
A new report released by The Law, Rights, and Religion Project (LRRP) at Columbia Law School — We The People (of Faith): The Supremacy of Religious Rights in the Shadow of a Pandemic — shows how the Supreme Court’s COVID-era opinions have created a hierarchy of constitutional rights, with religious rights at the top. This legal regime will have a resounding impact on U.S. law, affecting policymakers’ ability to protect public health, prevent discrimination, and secure labor rights long after the current COVID-19 crisis has abated.
In Fulton Decision, Scotus Solidifies Expansion Of Religious Exercise Rights, Law, Rights, And Religion Project
In Fulton Decision, Scotus Solidifies Expansion Of Religious Exercise Rights, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
On June 17, 2021, the Supreme Court solidified a dramatic shift in its reading of the constitutional protections for religious liberty. The Court ruled that religious organizations that contract with local governments to provide foster care services should be exempted from compliance with city non-discrimination requirements if the city permits any discretionary exemptions from those laws.
Is This A Christian Nation? An Introduction, Carl T. Bogus
Is This A Christian Nation? An Introduction, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
Secular Invocations And The Promise Of Religious Pluralism, Jay D. Wexler
Secular Invocations And The Promise Of Religious Pluralism, Jay D. Wexler
Faculty Scholarship
The Supreme Court has considered the constitutionality of “legislative prayer” twice, once in the 1983 case of Marsh v. Chambers and once in the 2014 case of Town of Greece v. Galloway. Although both of those cases upheld challenged invocation practices on the basis that such practices predated the adoption of the First Amendment, they also placed additional limits on the nature of such prayer programs, including that they be non-discriminatory, as Justice Kennedy explained in Town of Greece. In response to Justice Kennedy’s non-discrimination mandate, hundreds of secular individuals in the wake of Town of Greece asked to give …
Analyzing The Fiscal Relationship Between The Church And State, Emily Lethbridge
Analyzing The Fiscal Relationship Between The Church And State, Emily Lethbridge
Senior Honors Theses
The relationship between the government and the church is frequently debated in the United States. One main concern is the legality of the government granting funding to churches, religious schools, and Christian organizations. Religious institutions are separated from the government; thus, they can be tax-exempt and able to discriminate on a religious basis. The Supreme Court has analyzed the Free Exercise and Establishment Clauses in several cases to determine when the government may grant funds to religious institutions. In the past decade, administrative code and judicial case law have both expanded religious institutions’ ability to receive governmental funds. Inevitably, controversy …
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Honors Theses
Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.
The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …
The Establishment Clause: Its Original Public Meaning And What We Can Learn From The Plain Text, Carl H. Esbeck
The Establishment Clause: Its Original Public Meaning And What We Can Learn From The Plain Text, Carl H. Esbeck
Faculty Publications
Modern times in church-state relations began in 1947 with the Supreme Court’s decision in Everson v. Board of Education. The justices in both the majority and dissent said they were interpreting the Establishment Clause based on the intent of the founding generation. However, rather than looking to Congress’s lawmaking in the summer of 1789 that led to the First Amendment, the justices relied on the Virginia disestablishment from four years prior, as well as the efforts of just two statesmen, James Madison and Thomas Jefferson.
For the next half century, the High Court’s search was for events and prominent …
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Scholarly Works
Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …
Veiling And Inverted Masking, Saleema Saleema Snow
Veiling And Inverted Masking, Saleema Saleema Snow
Journal Articles
“Good morning, Your Honor, AA, here on behalf of the United States government.”1 AA recounted her proudest moment: appearing in federal district court as an attorney for the Department of Justice (DOJ) in a religious accommodation case under Title VII of the Civil Rights Act of 1964.2 There she stood, an Ivy League graduate and the granddaughter of sharecroppers. She appeared before the court as an African-American Muslim woman in hijab representing the government to uphold the constitutional rights of another Muslim woman.3 The complainant, Safoorah Khan, was employed as a teacher in a small Illinois school district and had …
Amicus Brief Of Constitutional Law, Torts, And Religion Professors And Scholars In Support Of Cert. Petition, Valerie Haney V. Church Of Scientology International Et Al., Leslie C. Griffin
Amicus Brief Of Constitutional Law, Torts, And Religion Professors And Scholars In Support Of Cert. Petition, Valerie Haney V. Church Of Scientology International Et Al., Leslie C. Griffin
Court Briefs
No abstract provided.
Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund
Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Amicus Brief Of Law And Religion Professors For Petitioners, Lippard V. Holleman, Leslie C. Griffin
Amicus Brief Of Law And Religion Professors For Petitioners, Lippard V. Holleman, Leslie C. Griffin
Court Briefs
No abstract provided.
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
Faculty Publications & Other Works
In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision.
In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both …
9/11 Impacts On Muslims In Prison, Spearit
9/11 Impacts On Muslims In Prison, Spearit
Articles
This essay is part of a volume that reflects on the 20-year anniversary of the attacks of September 11, 2001. The work examines the impacts this event had on the management of Muslims in prison. Soon after the attacks, the culture war against Muslims in the United States began to seep into prisons, where Muslims faced heightened levels of Islamophobia, which cut across several areas of existence: the ability to access religious literature, religious leaders, and paraphernalia, in addition to the federal creation of Communication Management Units. There was also heightened hysteria about the idea of Muslim radicalization in prison, …
Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb
Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb
Articles
This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …
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 …
Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel, Michael J. Broyde, Ezra Ives
Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel, Michael J. Broyde, Ezra Ives
Faculty Articles
This paper proposes the expansion of both private and public options regarding religious arbitration in Israel, broadening both the choice of law and the choice of forum available to Israeli citizens in cases of either commercial law or issues of status (such as divorce, marriage, and conversion). The current law in Israel prohibits citizens from adjudicating their monetary disputes in state religious courts and treats private religious courts as no different from any other arbitration tribunal, precluding these private religious courts from marriage, divorce and conversion matters. We propose that both of these restrictions be lifted, while the role of …
Debating Diya: Indirect Rule And The Transformation Of Islamic Law In British Colonial Northern Nigeria, Rabiat Akande
Debating Diya: Indirect Rule And The Transformation Of Islamic Law In British Colonial Northern Nigeria, Rabiat Akande
All Papers
Leading academic authority on British imperial governance, Dame Margery Perham famously made the above remark on the workings of indirect rule in Northern Nigeria—the colonial state resulting from the 1903 British conquest of the West African Sokoto Caliphate. First emerging on the heels of the 1857 mutiny in British India, British colonial indirect rule had a long and checkered history predating its arrival in Nigeria. The dominant understanding of the Indian rebellion was that of a revolt against empire’s anglicizing project with the consequence that it spurred the colonial state to turn to governing colonial populations through native institutions within …
Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn
Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn
Scholarly Works
Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …
Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter
Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter
Publications
No abstract provided.
Book Review: The Cambridge Companion To The First Amendment And Religious Liberty, Nathan Chapman
Book Review: The Cambridge Companion To The First Amendment And Religious Liberty, Nathan Chapman
Scholarly Works
Review of The Cambridge Companion to The First Amendment and Religious Liberty. Edited by Michael D. Breidenbach and Owen Anderson. Cambridge: Cambridge University Press, 2020. xii + 461 pp. $39.99 paper.
Religion, Conscience, And The Law: Reasons, Bases, And Limits For Exemptions, Kent Greenawalt
Religion, Conscience, And The Law: Reasons, Bases, And Limits For Exemptions, Kent Greenawalt
Faculty Scholarship
Kent Greenawalt discusses the permissibility, scope, and rationale for law to provide exemptions to protect religious and nonreligious conscience in the United States. It may be difficult for the law to determine which sentiments amount to conscience given differences in individuals’ perception and the strength of their convictions. Even the notion of a religious conscience is complex. Religious citizens’ conclusions about matters of interest to religion may proceed from both religion and reason, or only from reason. It is not clear what should count as religious, given differences between denominations and their ideas over time. There are a host of …
The Corporation As Trinity, David A. Skeel Jr.
The Corporation As Trinity, David A. Skeel Jr.
All Faculty Scholarship
In “Corporate Capitalism and ‘The City of God,’” Adolf Berle references Augustine’s theological classic The City of God in service of his contention that corporate managers have a social responsibility. In this Article, I turn to another work by Augustine, The Trinity, for insights into another feature the corporation, corporate personhood. The Trinity explicates the Christian belief that God is both three and one. I argue that corporations have analogously Trinitarian qualities. Much as theologically orthodox Christians understand God to be both one and three, I argue that corporations are best seen as both a single entity and through …