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

Religion And Marriage Equality Statutes, Nelson Tebbe

Nelson Tebbe

To date, every state statute that has extended marriage equality to gay and lesbian couples has included accommodations for actors who oppose such marriages on religious grounds. Debate over those accommodations has occurred mostly between, on the one hand, people who urge broader religion protections and, on the other hand, those who support the types of accommodations that typically have appeared in existing statutes. This article argues that the debate should be widened to include arguments that the existing accommodations are normatively and constitutionally problematic. Even states that presumptively are most friendly to LGBT citizens, as measured by their demonstrated ...


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 ...


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 ...


Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe 2017 Brooklyn Law School

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Excluding Religion, Nelson Tebbe 2017 Selected Works

Excluding Religion, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Religion And Social Coherentism, Nelson Tebbe 2017 Brooklyn Law School

Religion And Social Coherentism, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi Liu 2017 J.D. Student, Harvard Law School

Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi Liu

Montana Law Review

Applying Strict Scrutiny: An Empirical Analysis of Free Exercise Cases


Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison 2017 Northwestern University Pritzker School of Law

Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison

Northwestern University Law Review

For much of the last forty years, ERISA’s church plan exemption has existed quietly without much fanfare. But increased litigation over the last five years has dragged the exemption into the spotlight. The litigation focuses on religiously affiliated hospital systems and whether their pension plans have been correctly classified as church plans exempt from ERISA.

This Note examines the history behind the church plan exemption, including statutory modifications made in 1980 and the IRS’s longstanding interpretation of these changes, which precipitated the dispute at issue in the current wave of litigation. While the U.S. Supreme Court’s ...


Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene 2017 Brigham Young University Law School

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.


Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc 2017 Florida Coastal School of Law

Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine 2017 Touro Law Center

Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine

Samuel J. Levine

In recent years, Jewish law has gained significant prominence in American legal scholarship, producing a substantial body of literature exploring the Jewish legal system, both on its own terms and in comparative perspective. In particular, the past few decades have seen a marked increase in the number of articles published in American law reviews addressing substantive, procedural, and conceptual aspects of Jewish law, often in the context of broader considerations of important, unsettled, and controversial issues in American legal thought.In the past, a number of scholars have compiled bibliographies collecting and, at times, briefly annotating, lists of selected works ...


La Vida Y Andanzas De Un Libro Antiguo En Nueva España Y La Península Ibérica. Cultura Escrita En La Obra Hierofánica Del Doctor Don Alonso Alberto De Velasco, Raul Manuel Lopez Bajonero 2017 The University of Western Ontario

La Vida Y Andanzas De Un Libro Antiguo En Nueva España Y La Península Ibérica. Cultura Escrita En La Obra Hierofánica Del Doctor Don Alonso Alberto De Velasco, Raul Manuel Lopez Bajonero

Electronic Thesis and Dissertation Repository

In 1688 a legal text, Renovación, was printed in Mexico City, the capital of the Viceroyalty of New Spain, that explains a twelve year trial that focuses on determining if a 16th century sculpture miraculously renewed itself. The final decision came from the Archbishop of Mexico City. A year after the book’s publication, the sculpture was recognized as miraculous. In 1699, ten years after this event, the author of Renovación wrote another book that narrates the same sculpture's history, Exaltación, but addressed a wider audience, and from a religious and pious perspective. The Exaltación was republished a ...


Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky 2017 Selected Works

Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky 2017 Selected Works

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

Erwin Chemerinsky

No abstract provided.


On Health, Law, And Religion, Stacey A. Tovino 2017 University of Nevada, Las Vegas School of Law

On Health, Law, And Religion, Stacey A. Tovino

Washington and Lee Law Review

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman’s Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court’s recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a wide ...


Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. TAN 2017 Singapore Management University

Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan

Research Collection School Of Law

On July 6, 2010, Singapore's Internal Security Department (ISD) announced that a “self-radicalized,” full-time national serviceman had been detained under the Internal Security Act (ISA) since April 4, 2010. Muhammad Fadil bin Abdul Hamid (Fadil), age 20, would be detained under the ISA for two years in the first instance. According to the media statement, Fadil had become convinced that “it was his religious duty to undertake armed jihad alongside fellow militants and strive for martyrdom.” According to local media reports, Fadil was the sixth known case of self-radicalization. Fadil was subsequently released on a Restriction Order on April ...


Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck 2017 University of Missouri School of Law

Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck

Faculty Publications

The Establishment Clause is not violated when government enacts regulatory or tax legislation but provides, concerning these new burdens, an accommodation for those holding conflicting religious beliefs or practices. Such religious exemptions are enacted at the discretion of the legislature and have as their purpose to ameliorate hardships borne by religious minorities and other dissenters who find themselves out of step with the prevailing social or legal culture. In an unbroken line of cases now spanning a century, the Supreme Court has ten times rejected the argument that a religious exemption contravenes the Establishment Clause. In some instances, no doubt ...


Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan 2017 Roger Williams University School of Law

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi 2017 Pepperdine University

Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Era In Debate - What Can It Mean For Church Law?, Rev. Msgr. Anthony J. Bevilacqua 2017 St. John's University School of Law

The Era In Debate - What Can It Mean For Church Law?, Rev. Msgr. Anthony J. Bevilacqua

The Catholic Lawyer

No abstract provided.


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