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Full-Text Articles in Religion Law
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 …
The Practice Of Law As Christian Discipleship, Nathan Chapman
The Practice Of Law As Christian Discipleship, Nathan Chapman
Scholarly Works
“Can the ordinary practice of law be a religious calling?” In a number of scholarly books and articles, as a teacher, and as a mentor, Robert (Bob) Cochrane has answered this question with a resounding “yes.” This essay, part of a festschrift published in Bob’s honor by the Pepperdine Law Review, engages with his work to propose a framework of Christian ethics for reconceiving the practice of law as a form of Christian discipleship. It argues that Christians should understand the practice of law as participation in government-as judgment, participation that is always fraught with the risks of deceit, injustice, …
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Law School Blogs
No abstract provided.
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Life of the Law School (1993- )
No abstract provided.
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I discuss the relationship between religion and government in the contemporary United States, addressing the period from the 1940s to the present. In so doing, I explore questions of religious liberty, including the protection of religious “free exercise” as well as the constitutional prohibition on the establishment of religion, a prohibition that sometimes - but not always - has been construed to require a “wall of separation” between church and state. I focus especially on the Supreme Court’s evolving interpretations of the First Amendment during this period, which, I suggest, were influenced by broader religious, cultural, and …
I'M A Laycockian! (For The Most Part), Jay D. Wexler
I'M A Laycockian! (For The Most Part), Jay D. Wexler
Faculty Scholarship
You know you’ve made it, scholarly-wise speaking, when a major publishing house and a preeminent university approach you to ask whether they could publish a four-volume set of your collected works. Such is the situation of Douglas Laycock (DL), long-time Professor at the University of Texas School of Law, now moving from the University of Michigan to the University of Virginia and most certainly on just about everyone’s short list of greatest church–state scholars of the past quarter-century. Volume One of the collection was published in 2010; it is subtitled “Overviews & History” and contains roughly forty pieces written by …
Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck
Articles in Law Reviews & Other Academic Journals
In keeping with their religious traditions as devout Protestants, Bruce and Nancy Young regularly gave to their church in New Hope, Minnesota. From February 1991 to February 1992, the Youngs tithed $13,450 to their church.' Unfortunately-due to financial difficulties--the Youngs filed for Chapter 7 bankruptcy in February 1992. Because the Youngs tithed the $13,450 while insolvent, the bankruptcy trustee for their estate initiated a proceeding to void the transfers and return the contributions to the estate.
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Articles by Maurer Faculty
The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.