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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.


Don't Take Religious Freedom Purely Personally: The Constitutional Case For Corporate Religious Free Exercise Rights, Michael Blissenbach 2016 University of St. Thomas, Minnesota

Don't Take Religious Freedom Purely Personally: The Constitutional Case For Corporate Religious Free Exercise Rights, Michael Blissenbach

University of St. Thomas Law Journal

No abstract provided.


Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong 2016 Alexander Blewett III School of Law at the University of Montana

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land and Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.


Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides 2016 Pepperdine University

Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides

Journal of the National Association of Administrative Law Judiciary

Part I of this comment will explore the foundations of the First Amendment, as the Constitution is a framework on which the United States continues to rest. An examination of the events contributing and leading to the drafting of the Constitution will illuminate the rationale behind the tenets put forth by the Founding Fathers. More specifically, this comment will devote emphasis to the Founding Fathers’ objectives regarding the state in relation to religion. This emphasis will provide insight into the perspective of the Founders at the time of drafting the First Amendment. Furthermore, this section will illustrate how the separation ...


Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson 2016 University of Edinburgh

Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.


At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez 2016 The Catholic University of America, Columbus School of Law

At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez

Catholic University Law Review

Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.

The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran ...


Bingo, Religion And Adoption Laws, Motion Picture Censorship, Lottery Charges Against Sisters Dismissed, Comic Books, 2016 St. John's University School of Law

Bingo, Religion And Adoption Laws, Motion Picture Censorship, Lottery Charges Against Sisters Dismissed, Comic Books

The Catholic Lawyer

No abstract provided.


The Natural Law And The Lawyer's Search For A Philosophy Of Law, Edward F. Barrett 2016 St. John's University School of Law

The Natural Law And The Lawyer's Search For A Philosophy Of Law, Edward F. Barrett

The Catholic Lawyer

No abstract provided.


Fraud And Error In The Canon Law Of Marriage, William F. Cahill, B.A., J.C.D. 2016 St. John's University School of Law

Fraud And Error In The Canon Law Of Marriage, William F. Cahill, B.A., J.C.D.

The Catholic Lawyer

No abstract provided.


Sacred Roman Rota Is Streamlined By Pope's New Decree, California D.A. Names More Nuns In Lottery Charges, Decry Encroachment Of Social Agencies Upon Functions Of The Courts, Natural Law Conference, Red Mass In Chicago, 2016 St. John's University School of Law

Sacred Roman Rota Is Streamlined By Pope's New Decree, California D.A. Names More Nuns In Lottery Charges, Decry Encroachment Of Social Agencies Upon Functions Of The Courts, Natural Law Conference, Red Mass In Chicago

The Catholic Lawyer

No abstract provided.


Wearing Religious Garb, Bible Distribution In Public Schools, Zoning Restrictions On Churches, Rectory Held Tax Exempt, Religion And Adoption Laws, Court Permits Child To Choose Religion, 2016 St. John's University School of Law

Wearing Religious Garb, Bible Distribution In Public Schools, Zoning Restrictions On Churches, Rectory Held Tax Exempt, Religion And Adoption Laws, Court Permits Child To Choose Religion

The Catholic Lawyer

No abstract provided.


A Man Born Again: Saint Thomas More, Charles J. Zinn, A.B., LL.B., LL.M., S.J.D. 2016 St. John's University School of Law

A Man Born Again: Saint Thomas More, Charles J. Zinn, A.B., Ll.B., Ll.M., S.J.D.

The Catholic Lawyer

No abstract provided.


The Catholic Church On Separation And Civil Divorce, Eric F. MacKenzie, S.T.D., J.C.D. 2016 St. John's University School of Law

The Catholic Church On Separation And Civil Divorce, Eric F. Mackenzie, S.T.D., J.C.D.

The Catholic Lawyer

No abstract provided.


Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P. 2016 St. John's University School of Law

Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P.

The Catholic Lawyer

No abstract provided.


Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko 2016 Universiti Utara Malaysia

Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko

The Qualitative Report

This paper describes the process of the conduct of preliminary tests to determine the construct and content validity of the chosen data collection method for a study into the relationship between Islamic principles and objectives, Islamic financial law and takaful (slamic Insurance) operations and practices in Nigeria. Semi-structured interviews were tested on a select group of respondents mirroring the intended subjects in the field. The pilot test showed the construct to be both valid and reliable while giving the opportunity to insert refinements to the research tool.


Churches And The Law Of Sanctuary In Australia, Neil Foster 2016 University of Newcastle, NSW, Australia

Churches And The Law Of Sanctuary In Australia, Neil Foster

Neil J Foster

Considers possible application of the common law of sanctuary, and other issues of religious freedom, raised by some Australian churches offering sanctuary to asylum seekers.


Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, 2016 Brigham Young University Law School

Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion

BYU Law Review

No abstract provided.


An Incurable Malaise: Commonwealth V. Australian Capital Territory And Baskin V. Bogan As Symptoms Of Early-Onset Dystopia, 2016 Brigham Young University Law School

An Incurable Malaise: Commonwealth V. Australian Capital Territory And Baskin V. Bogan As Symptoms Of Early-Onset Dystopia

BYU Law Review

No abstract provided.


Keynote Address, 2016 Brigham Young University Law School

Keynote Address

BYU Law Review

No abstract provided.


Toward A New Separation Of Church And State: Implications For Analogies To The Supreme Court Decision In Hobby Lobby By The Decision In Obergefell V. Hodges, Vincent J. Samar 2016 Loyola University of Chicago

Toward A New Separation Of Church And State: Implications For Analogies To The Supreme Court Decision In Hobby Lobby By The Decision In Obergefell V. Hodges, Vincent J. Samar

Boston College Journal of Law & Social Justice

In June 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that there is a fundamental right to marriage that extends to same-sex couples. This Article analyzes the Obergefell decision in light of the Court’s 2014 decision in Burwell v. Hobby Lobby regarding religious protections that might by analogy be afforded under state Religious Freedom Restoration Acts. In particular, the article considers whether a government official may claim the right to religious freedom to deny issuing marriage licenses to same-sex couples. Additionally, the article suggests that a new standard for the separation of church and ...


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