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Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2016 Columbia University

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


Thou Shalt Not Electioneer: Religious Nonprofit Political Activity And The Threat “God Pacs” Pose To Democracy And Religion, Jonathan Backer 2016 University of Michigan Law School

Thou Shalt Not Electioneer: Religious Nonprofit Political Activity And The Threat “God Pacs” Pose To Democracy And Religion, Jonathan Backer

Michigan Law Review

The Supreme Court’s 2010 decision in Citizens United v. FEC invalidated a longstanding restriction on corporate and union campaign spending in federal elections, freeing entities with diverse political goals to spend unlimited amounts supporting candidates for federal office. Houses of worship and other religious nonprofits, however, remain strictly prohibited from engaging in partisan political activity as a condition of tax-exempt status under Internal Revenue Code § 501(c)(3). Absent this “electioneering prohibition,” religious nonprofits would be very attractive vehicles for political activity. These 501(c)(3) organizations can attract donors with the incentive of tax deductions for contributions. Moreover ...


El Debate Del Galeón San Josè , Reflexiones Jurìdicas(1).Rtf, Daniel Fernando Gómez Tamayo 2016

El Debate Del Galeón San Josè , Reflexiones Jurìdicas(1).Rtf, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

Se dice que el Galeòn San José con tesoros de Perù y  de Colombia fue derribado por los ingleses en siglo XVII y que fue encontrado en proximidades del mar de Cartagena.   


Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard 2016 Florida State University

Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard

Chad G. Marzen

In the past decade, policymakers from various perspectives have discussed and debated proposals to reform America’s immigration system. This article discusses not only the history of the Catholic legal and intellectual tradition’s contribution to social teaching on the issue of immigration, but emphasizes the development of two strands of Catholic thought: the right to immigrate, and the right to regulate borders. Applying the Catholic legal and intellectual tradition, this article provides a proposal for immigration reform that incorporates key tenets of Catholic social thought.


Convergence And Divergence: The Law Of Non-Delegable Duties In Australia And The United Kingdom, Neil J Foster 2015

Convergence And Divergence: The Law Of Non-Delegable Duties In Australia And The United Kingdom, Neil J Foster

Neil J Foster

This chapter considers the law of "non-delegable duties" (that is, when and how a principal can be held liable for torts committed by a contractor, as opposed to an employee) and describes how the law of Australia is similar to, or differs from, the law of the UK. It suggests that Australian law should be move to allow for NDD liability even in relation to intentional torts, a position which would assist appropriate civil action by sexual abuse victims against religious bodies.


(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman 2015 College of William & Mary Law School

(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman

William & Mary Bill of Rights Journal

Substantive due process issues implicitly concern voice. Whose voice will be heard? Although such issues often remain submerged, the Justices occasionally translate them into disputes over democratic participation and power. The Supreme Court’s most important substantive due process decision in years, Obergefell v. Hodges, entailed such a battle over democracy. The multiple dissenting opinions insisted that the decision demeaned the opponents of same-sex marriage, many of whom were inspired by traditional values and religious convictions. The majority explicitly disagreed, reasoning that the case resolved the rights of same-sex couples to marry and did not diminish the opponents’ voices. The ...


The Establishment Clause, State Action, And Town Of Greece, Nathan S. Chapman 2015 College of William & Mary Law School

The Establishment Clause, State Action, And Town Of Greece, Nathan S. Chapman

William & Mary Bill of Rights Journal

The Establishment Clause forbids the government from engaging in the same religious exercise that the law protects when performed by a private party. Thus, an establishment case often turns on whether religious activity is “state action.” Too often, however, courts ignore the state action analysis or merge it with the substantive Establishment Clause analysis. This muddles both doctrines and threatens individual religious liberty.

This Article argues that the state action doctrine should account for the government’s distribution of private rights. Accordingly, the Constitution applies to the government’s distribution of rights, but not to a private party’s use ...


A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine 2015 Jewish Law Institute, Touro Law Center

A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine

Notre Dame Law Review Online

Part I of this Essay provides a brief overview for analyzing the Supreme Court’s hands-off approach to religious doctrine. Specifically, this Part presents a summary of problems posed by the hands-off approach, followed by a brief taxonomy of different forms of judicial inquiry into religion. This Part aims to clarify which forms of inquiry are permissible—and typically necessary—for adjudication of a case involving a religious claim, and which forms of inquiry are precluded under the hands-off doctrine. Part II of this Essay applies the hands-off framework to the Hobby Lobby decision, considering the taxonomy of forms of ...


Religion And Social Coherentism, Nelson Tebbe 2015 Brooklyn Law School

Religion And Social Coherentism, Nelson Tebbe

Notre Dame Law Review

Today, prominent academics are questioning the very possibility of a theory of free exercise or non-establishment. They argue that judgments in the area can only be conclusory or irrational. In contrast to such skeptics, this Essay argues that decisionmaking on questions of religious freedom can be morally justified. Two arguments constitute the Essay. Part I begins by acknowledging that skepticism has power. The skeptics rightly identify some inevitable indeterminacy, but they mistakenly argue that it necessarily signals decisionmaking that is irrational or unjustified. Their critique is especially striking because the skeptics’ prudential way of working on concrete problems actually shares ...


Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr 2015 University of Maryland Francis King Carey School of Law

Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr

Maryland Law Review

No abstract provided.


Further And Further, Amen: Expanded National Labor Relations Board Jurisdiction Over Religious Schools, Christian Vareika 2015 Boston College Law School

Further And Further, Amen: Expanded National Labor Relations Board Jurisdiction Over Religious Schools, Christian Vareika

Boston College Law Review

The National Labor Relations Board (“NLRB”) is charged with protecting workers’ rights through providing access to collective bargaining and enforcing unfair labor complaints. This charge meets an oft-competing mission, however, when applied to religiously affiliated educational institutions, which are guaranteed the protections of the religion clauses of the First Amendment. For many years, parochial schools have been beyond the reach of the NLRB. But with the Board’s 2014 decision in Pacific Lutheran University, that longstanding de facto moratorium has been called into question. This Note argues that the NLRB’s recently expanded jurisdiction is both inappropriate and likely unconstitutional ...


Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett 2015 University of Notre Dame Law School

Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett

Faculty Workshops

Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.


The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett 2015 Yale Law School

The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett

John Ehrett

I aim to deconstruct a key part of the sovereign citizen movement’s perspective on legitimate authority. I argue that the core underpinnings of sovereign citizen mentality (as applied) operate according to an anthropological framework similar to that used in an exorcism: namely, the ceremonial divestiture from an oppressive authority into whose service one has been subtly pressed.


Islamic Commercial Law And Social Justice: Shari'ah-Compliant Companies, Workers' Rights, And The Living Wage, Susan C. Hascall 2015 St. John's University School of Law

Islamic Commercial Law And Social Justice: Shari'ah-Compliant Companies, Workers' Rights, And The Living Wage, Susan C. Hascall

St. John's Law Review

No abstract provided.


The Isis Crisis And The Development Of International Humanitarian Law, Johan D. van der Vyver 2015 Emory University School of Law

The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver

Johan D van der Vyver

ABOUT THE ARTICLE

This article identifies the rules of international humanitarian law that have a bearing on the Israeli offensive in Gaza. It first of all attempts to establish whether or not Israel remained an Occupying Power after its disengagement from the Gaza Strip in 2005. If due to the control Israel continued to exercise over border crossings, electricity and water supplies and the like, Israel is found to be de facto in occupation of Gaza, the Hamas responses would qualify as a war of liberation, which in terms of Protocol I to the Geneva Conventions of 12 August 1949 ...


Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore 2015 Indiana University Maurer School of Law

Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore

Indiana Law Journal

On October 28, 2009, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law by President Barack Obama. Two years later, between September and November of 2011, members of a Bergholz, Ohio, Amish community allegedly carried out five attacks in which they forcibly restrained, and cut the hair and beards of, members of other Amish communities. In September of 2012, a jury rendered a verdict in United States v. Mullet and found sixteen members of the Bergholz community—including Samuel Mullet, bishop of the community—guilty of HCPA violations. These were the first convictions ...


How Should Religious Marriage Celebrants Respond If Same Sex Marriage Is Introduced In Australia?, Neil J. Foster 2015 University of Newcastle, NSW, Australia

How Should Religious Marriage Celebrants Respond If Same Sex Marriage Is Introduced In Australia?, Neil J. Foster

Neil J Foster

This paper discusses some of the implications for religious freedom, and the consequences for churches and other religious bodies, should same sex marriage be introduced into Australia.


The Kim Davis Debacle Exposes The Limits Of Religious Liberty, David J. Herzig, Faisal Kutty, , 2015 Valparaiso University

The Kim Davis Debacle Exposes The Limits Of Religious Liberty, David J. Herzig, Faisal Kutty, ,

David J. Herzig

No abstract provided.


A Statute Is Worth A Thousand Words: Same Sex Marriage And Rfra, Daniel Korda, Daniel Korda 2015 University of California - Los Angeles

A Statute Is Worth A Thousand Words: Same Sex Marriage And Rfra, Daniel Korda, Daniel Korda

Daniel Korda

This article explores the effectiveness of the Religious Freedom Restoration Act as a defense for individuals with religious objections towards servicing same sex marriages. Specifically, this article (a) evaluates if the Federal Government has a compelling interest to promote equal accommodations for same sex marriages and (b) considers if "private" individuals suing private parties for refusing to service their marriage are in fact "public" plaintiffs, as the enforcement of laws banning marital discrimination have traditionally been enforced by the State.


Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins 2015 Chicago-Kent College of Law

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins

Kayla Higgins

On July 21, 2014 President Obama released Executive Order 13672, which expressly aimed to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity. Some commentators believe that the order “could be the next battleground” for the competing views of religious leaders and liberals when it comes to how to weigh religious liberty against other priorities. However, there are two main reasons why the most recent executive order should not crumble under the Hobby Lobby ...


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