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Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall 2015 Legal Studies & Business Ethics/Wharton University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


Free Exercise And The Definition Of Religion: Confusion In The Federal Courts, Mark Strasser 2015 Capital University Law School

Free Exercise And The Definition Of Religion: Confusion In The Federal Courts, Mark Strasser

Mark Strasser

The United States Supreme Court has sent mixed messages about what constitutes religion for free exercise purposes. The Court’s failure to offer clear criteria has resulted in widely differing interpretations in the lower courts, resulting in dissimilar treatment of relevantly similar cases. Further, some of the circuit courts employ factors to determine what qualifies as religious that are much more restrictive than the factors employed by the Court.

This article describes some of the differing approaches to defining religion offered in the circuits, noting that one of the approaches adopted across a few circuits not only mischaracterizes the Supreme ...


Continuing The Constitutional Dialogue: A Discussion On Justice Stevens's Establishment Clause And Free Exercise Jurisprudence, Alan Brownstein 2015 Northwestern University School of Law

Continuing The Constitutional Dialogue: A Discussion On Justice Stevens's Establishment Clause And Free Exercise Jurisprudence, Alan Brownstein

Northwestern University Law Review

No abstract provided.


A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky 2015 Northwestern University School of Law

A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky

Northwestern University Law Review

No abstract provided.


Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster 2015 University of Newcastle, NSW, Australia

Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster

Neil J Foster

Discusses and critiques the decision of the High Court of Australia in the ACT Same Sex Marriage case [2013] HCA 55.


Doe V. Elmbrook School District And The Importance Of Refocusing Establishment Clause Jurisprudence, Julie M. Karaba 2015 Northwestern University School of Law

Doe V. Elmbrook School District And The Importance Of Refocusing Establishment Clause Jurisprudence, Julie M. Karaba

Northwestern University Law Review

No abstract provided.


Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil 2015 Columbia Law School - Research Fellow & Director, Public Rights / Private Conscience Project

Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil

Kara Loewentheil

Reaction to the Supreme Court's opinion in Hobby Lobby v. Burwell was swift and extreme from almost all quarters. Members of the Satanic Temple, a religious group focused on personal autonomy, individual freedom, and ethical action, announced that they would henceforth be objecting to so-called “informed consent” statutes in the abortion services context. Wisconsin Governor Scott Walker’s administration, on the other hand, announced that he would no longer be enforcing Wisconsin's contraceptive equity law because it was “preempted” by the Supreme Court's decision. In this Article, I demonstrate that Scott Walker’s administration and the Satanic ...


Corporate Piety And Impropriety: Hobby Lobby's Extension Of Rfra Rights To For-Profit Corporations, Amy Sepinwall 2015 Legal Studies & Business Ethics/Wharton University of Pennsylvania

Corporate Piety And Impropriety: Hobby Lobby's Extension Of Rfra Rights To For-Profit Corporations, Amy Sepinwall

Amy J. Sepinwall

In Burwell v. Hobby Lobby, the Supreme Court held, for the first time, that the Religious Freedom Restoration Act (RFRA) applied to for-profit corporations and, on that basis, it allowed Hobby Lobby to omit otherwise mandated contraceptive coverage from its employee healthcare package. Critics argue that the Court’s novel expansion of corporate rights is fundamentally inconsistent with the basic principles of corporate law. In particular, they contend that the decision ignores the fact that the corporation, as an artificial entity, cannot exercise religion in its own right, and they decry the notion that the law might look through the ...


The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman 2015 Duke Law School

The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman

Faculty Scholarship

This Article addresses the rise of “co-religionist commerce” in the United States — that is, the explosion of commercial dealings that take place between co-religionists who intend their transactions to achieve both commercial and religious objectives. To remain viable, co-religionist commerce requires all the legal support necessary to sustain all other commercial relationships. Contracts must be enforced, parties must be protected against torts, and disputes must be reliably adjudicated.

Under current constitutional doctrine, co-religionist commercial agreements must be translated into secular terminology if there are to be judicially enforced. However, religious goods and services often cannot be accurately translated without religious ...


International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman 2015 William & Mary Law School

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Faculty Publications

No abstract provided.


Religious Associations: Hosanna-Tabor And The Instrumental Value Of Religious Groups, Ashutosh Bhagwat 2015 UC Davis School of Law

Religious Associations: Hosanna-Tabor And The Instrumental Value Of Religious Groups, Ashutosh Bhagwat

Washington University Law Review

In its 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the Supreme Court held that the Religion Clauses of the First Amendment require recognition of a “ministerial exception” to general antidiscrimination statutes (in that case, the ADA), because religious institutions must have autonomy in selecting their ministers. In the course of its analysis, however, the Court made a very interesting move. In response to the government’s argument that the case could be resolved under the general First Amendment right of association, the Court responded that this position was “untenable,” and indeed “remarkable,” because the very existence ...


Hobby Lobby And The Zero-Sum Game, Kathryn E. Kovacs 2015 Rutgers School of Law

Hobby Lobby And The Zero-Sum Game, Kathryn E. Kovacs

Washington University Law Review

No abstract provided.


The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts 2015 Indiana University Maurer School of Law

The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts

Indiana Law Journal

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz 2014 Touro Law Center

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster 2014 University of Newcastle, NSW, Australia

High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster

Neil J Foster

Discusses the recent decision of the High Court to refuse special leave to appeal in CYC v Cobaw, and implications of the decision for religious freedom in Australia.


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson 2014 Touro College Jacob D. Fuchsberg Law Center

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

Touro Law Review

No abstract provided.


First Amendment Cases In The October 2004 Term, Joel M. Gora 2014 Touro College Jacob D. Fuchsberg Law Center

First Amendment Cases In The October 2004 Term, Joel M. Gora

Touro Law Review

No abstract provided.


What Do The Philosophers Have Against Dignity?, Jeremy Waldron 2014 NYU Law School

What Do The Philosophers Have Against Dignity?, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Among analytic philosophers, there is considerable antipathy towards the concept of human dignity. It is not always expressed, but the impression is conveyed that this is a rather disreputable idea and that its trumpeting in legal and political theory is to be deplored. The present paper tries to get to grips with the sources of this antipathy. Is it based on the unclarity of the concept, its religious overtones, its speciesism, or its redundancy as a moral idea. The paper makes a case for dignity as a status-concept -- denoting a particular sort of moral/legal status that all humans have.


Law And Religion In The Victorian Court Of Appeal, Neil J. Foster 2014 University of Newcastle, NSW, Australia

Law And Religion In The Victorian Court Of Appeal, Neil J. Foster

Neil J Foster

Briefly notes the decision in Cobaw v CYC (2014) and suggests reason why the High Court should grant special leave to appeal.


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