Open Access. Powered by Scholars. Published by Universities.®

Religion Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,175 Full-Text Articles 1,876 Authors 938,823 Downloads 127 Institutions

All Articles in Religion Law

Faceted Search

3,175 full-text articles. Page 6 of 82.

A Model For Ecclesial Mediation At The Local Level, Roger A. Kenyon 2017 St. John's University School of Law

A Model For Ecclesial Mediation At The Local Level, Roger A. Kenyon

The Catholic Lawyer

No abstract provided.


The Code Of Canon Law Provisions On Labor Relations, Donald H. J. Hermann 2017 St. John's University School of Law

The Code Of Canon Law Provisions On Labor Relations, Donald H. J. Hermann

The Catholic Lawyer

No abstract provided.


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.


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 ...


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 ...


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 ...


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


Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella 2017 Seton Hall Law School

Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella

West Virginia Law Review

No abstract provided.


Digital Commons powered by bepress