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An American Experiment: Teaching Canon Law To Students Of Common Law, Ladislas Orsy, S.J. 2017 St. John's University School of Law

An American Experiment: Teaching Canon Law To Students Of Common Law, Ladislas Orsy, S.J.

The Catholic Lawyer

No abstract provided.


Discriminating Against The Dead: How To Protect Muslim Cemeteries From Exclusionary Land Use Mechanisms, Christopher Cataldo 2017 Boston College Law School

Discriminating Against The Dead: How To Protect Muslim Cemeteries From Exclusionary Land Use Mechanisms, Christopher Cataldo

Boston College Law Review

U.S. Muslims face virulent, entrenched opposition in constructing the cemeteries that allow them to bury their dead according to Islamic law and tradition. Despite state and federal laws designed to guard against acts of religious discrimination such as the federal Religious Land Use and Institutionalized Persons Act (“RLUIPA”), local governments impede Muslim cemetery constructions via zoning ordinances and adjudicative permit denials. As a result of these efforts, Muslims experience unfair discrimination as local land control bodies unduly delay or block their attempts to build cemeteries. To better protect Muslims’ rights in land use disputes, this Note advocates for amendments ...


Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting

Nevada Supreme Court Summaries

The Court determined it must consider the sincere religious beliefs of the individual when evaluating claims under the Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA). It is improper to evaluate those claims under the centrality test, which attempts to determine if the individual’s beliefs are central to a tenant of the religion in question. Once the sincere belief is shown, the courts must then fully examine the remaining considerations under the Free Exercise Clause and the RLUIPA.


Canon Law Implications Of Real Estate Transactions - Impact Of The New Canon Law, Reverend Adman J. Maida, J.D., Vice Chancellor & General Counsel, Diocese of Pittsburgh, Pennsylvania 2017 St. John's University School of Law

Canon Law Implications Of Real Estate Transactions - Impact Of The New Canon Law, Reverend Adman J. Maida, J.D., Vice Chancellor & General Counsel, Diocese Of Pittsburgh, Pennsylvania

The Catholic Lawyer

No abstract provided.


Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri 2017 St. John's University School of Law

Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri

The Catholic Lawyer

No abstract provided.


What Constitutes A Religious Use For Zoning Purposes, Robert S. Walker 2017 St. John's University School of Law

What Constitutes A Religious Use For Zoning Purposes, Robert S. Walker

The Catholic Lawyer

No abstract provided.


Eclecticism, Nelson Tebbe 2017 Cornell Law School

Eclecticism, Nelson Tebbe

Nelson Tebbe

This short piece comments on Kent Greenawalt's new book, Religion and the Constitution: Establishment and Fairness. It argues that although Greenawalt's eclectic approach carries certain obvious costs, his theory cannot be evaluated without comparing its advantages and disadvantages to those of its competitors. It concludes by giving some sense of what that comparative calculus might look like.


Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe 2017 Selected Works

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Nelson Tebbe

No abstract provided.


The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe 2017 Selected Works

The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe

Nelson Tebbe

In recent work, Steven Smith argues that the American tradition of religious freedom is newly imperiled and may even be nearing exhaustion. This Review puts to one side the substance of that argument and focuses instead on what the stakes might be, should it turn out to be correct. It concludes that the consequences would not be as severe as many people fear.


Smith In Theory And Practice, Nelson Tebbe 2017 Cornell Law School

Smith In Theory And Practice, Nelson Tebbe

Nelson Tebbe

Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and ...


Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe 2017 Cornell Law School

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Nelson Tebbe

This Article addresses the prospects of liberal democracy in non-Western societies. It focuses on South Africa, one of the newest and most admired liberal democracies, and in particular on its efforts to recognize indigenous African traditions surrounding witchcraft and related occult practices. In 2004, Parliament passed a law that purports to regulate certain occult practitioners called traditional healers. Today, lawmakers are under pressure to go further and criminalize the practice of witchcraft itself. This Article presses two arguments. First, it contends that the 2004 statute is compatible with liberal principles of equal citizenship and the rule of law. Second, it ...


Privatizing And Publicizing Speech, Nelson Tebbe 2017 Cornell Law School

Privatizing And Publicizing Speech, Nelson Tebbe

Nelson Tebbe

When and how should governments be permitted to use private-law mechanisms to manage their public-law obligations? This short piece poses that question in the context of Summum, which the Supreme Court decided earlier this year, and Buono, which it will hear in the fall. In both cases, the government manipulated formal property rules in order to fend off constitutional challenges. In Summum, the government took ownership of a religious symbol in the face of a free speech challenge, while in Buono it shed ownership of land containing another sectarian symbol in an effort to moot an Establishment Clause problem. Although ...


Nonbelievers, Nelson Tebbe 2017 Cornell Law School

Nonbelievers, Nelson Tebbe

Nelson Tebbe

How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do ...


Free Exercise And The Problem Of Symmetry, Nelson Tebbe 2017 Cornell Law School

Free Exercise And The Problem Of Symmetry, Nelson Tebbe

Nelson Tebbe

This Article identifies a difficulty with the neutrality paradigm that currently shapes thinking about the Free Exercise Clause both on the Supreme Court and among its leading critics. It proposes a liberty component, shows how it would generate more attractive results than neutrality alone, and defends the liberty approach against likely objections.

A controversial neutrality rule currently governs cases brought under the Free Exercise Clause. Under that rule, only laws and policies that have the purpose of discriminating against religion draw heightened scrutiny. All others are presumptively constitutional, regardless of how severely they burden religious practices.

Critics have attacked the ...


Government Nonendorsement, Nelson Tebbe 2017 Cornell Law School

Government Nonendorsement, Nelson Tebbe

Nelson Tebbe

What are the constitutional limits on government endorsement? Judges and scholars typically assume that when the government speaks on its own account, it faces few restrictions. In fact, they often say that the only real restriction on government speech is the Establishment Clause. On this view, officials cannot endorse, say, Christianity, but otherwise they enjoy wide latitude to promote democracy or denigrate smoking. Two doctrines and their accompanying literatures have fed this impression. First, the Court’s recent free speech cases have suggested that government speech is virtually unfettered. Second, experts on religious freedom have long assumed that there is ...


Religion And Social Coherentism, Nelson Tebbe 2017 Brooklyn Law School

Religion And Social Coherentism, Nelson Tebbe

Nelson Tebbe

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 ...


Free Exercise And The Problem Of Symmetry, Nelson Tebbe 2017 Selected Works

Free Exercise And The Problem Of Symmetry, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Religion And Marriage Equality Statutes, Nelson Tebbe 2017 Brooklyn Law School

Religion And Marriage Equality Statutes, Nelson Tebbe

Nelson Tebbe

No abstract provided.


The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe 2017 Brooklyn Law School

The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Government Nonedorsement, Nelson Tebbe 2017 Brooklyn Law School

Government Nonedorsement, Nelson Tebbe

Nelson Tebbe

No abstract provided.


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