Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Religion Law (72)
- Constitutional Law (48)
- First Amendment (36)
- Law and Society (22)
- Civil Rights and Discrimination (15)
-
- Arts and Humanities (14)
- Jurisprudence (14)
- Law and Politics (14)
- Comparative and Foreign Law (13)
- Religion (12)
- Human Rights Law (11)
- Public Law and Legal Theory (8)
- Education Law (7)
- Conflict of Laws (6)
- International Law (6)
- Legal History (6)
- Courts (5)
- Family Law (5)
- Business Organizations Law (4)
- Fourteenth Amendment (4)
- Judges (4)
- Law and Philosophy (4)
- Dispute Resolution and Arbitration (3)
- Health Law and Policy (3)
- History (3)
- Legislation (3)
- Social and Behavioral Sciences (3)
- Sociology (3)
- Animal Law (2)
- Institution
-
- Selected Works (41)
- SelectedWorks (25)
- Pepperdine University (12)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Duquesne University (3)
-
- Boston University School of Law (2)
- Brigham Young University Law School (2)
- New York Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- West Virginia University (2)
- American University Washington College of Law (1)
- Claremont Colleges (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Schulich School of Law, Dalhousie University (1)
- St. John's University School of Law (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- U.S. Naval War College (1)
- University of Florida Levin College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts Boston (1)
- University of Missouri School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- University of South Carolina (1)
- University of Wollongong (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Pepperdine Law Review (12)
- Touro Law Review (6)
- Faculty Scholarship (5)
- Richard W Garnett (5)
- Michael A Helfand (4)
-
- Samuel W. Calhoun (4)
- Gerard V. Bradley (3)
- Ledewitz Papers (3)
- Brian M McCall (2)
- Casey Scott McKay (2)
- David B Kopel (2)
- Elizabeth A. Clark (2)
- Faculty Publications (2)
- John Copeland Nagle (2)
- NYLS Law Review (2)
- West Virginia Law Review (2)
- giancarlo anello (2)
- howard lesnick (2)
- Alan E Garfield (1)
- Ali Khan (1)
- All Faculty Scholarship (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Brett A Geier (1)
- Charles H. Baron (1)
- Engy Abdelkader (1)
- Faculty Articles (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Fordham Law Review (1)
- Frederick Mark Gedicks (1)
- Publication Type
- File Type
Articles 1 - 30 of 115
Full-Text Articles in Law
Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson
Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson
Kenneth Lasson
SACRED COWS, HOLY WARS Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat By Kenneth Lasson Abstract In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights …
An Opinion For The Ages, Bruce Ledewitz
An Opinion For The Ages, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson
The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson
International Law Studies
No abstract provided.
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
West Virginia Law Review
In the hills of Appalachia sing the hymns of the faithful, preaching a belief in the handling of snakes to prove loyalty to God. In West Virginia, persons may take up poisonous reptiles and pass them amidst crowds in the name of religion without legal restraints. While other states prohibit snake- handling in the name of safety, West Virginia law remains void on the issue. This Article introduces the practice of snake-handling and examines the risks posed by taking up poisonous animals whose bite may cause serious injury or death. This Article then suggests how the West Virginia law may …
Stretching Religious Liberty, Bruce Ledewitz
Stretching Religious Liberty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Religious Victory Over The Affordable Care Act? Possible Recourse For The Employee Of The Religious Employer, Jacqueline Prats
Religious Victory Over The Affordable Care Act? Possible Recourse For The Employee Of The Religious Employer, Jacqueline Prats
Jacqueline M Prats
In 2012, the Supreme Court upheld the Patient Protection and Affordable Care Act (ACA). Even as the Court deliberated, a number of for-profit employers prepared to challenge the law—not the Act as a whole, but a specific part: the requirement that insurance plans cover contraceptives for women, free of co-pay or other cost-sharing. Although their companies were secular, these business owners claimed that the “contraception mandate” violated not only their religious beliefs, but also those of their companies. They challenged the ACA under both the Free Exercise Clause of the First Amendment and a federal statute called the Religious Freedom …
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
A Hands-Off Approach To Religious Doctrine: What Are We Talking About?, Richard W. Garnett
A Hands-Off Approach To Religious Doctrine: What Are We Talking About?, Richard W. Garnett
Richard W Garnett
At the 2008 Annual Meeting of the American Association of Law Schools, the program organized by the Section on Law and Religion presented for consideration the claim that “the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief.” The Court, it was proposed, is — more and more — taking a “hands-off approach to religious doctrine.”
This proposal was, and remains, timely and important, as is illustrated by — to mention just a few, diverse examples — the ongoing property-ownership dispute between several “breakaway” Episcopal …
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
Richard W Garnett
This essay is a contribution to a symposium marking the 20th anniversary of the Supreme Court’s still-controversial decision in Employment Division v. Smith. That decision, it is suggested, should not be read as reflecting or requiring hostility or indifference towards claims for legislatively enacted accommodations of religion. Smith is not an endorsement of religion-blind neutrality in constitutional law; instead, it assigns to politically accountable actors the difficult, but crucially important, task of accommodating those whose religious exercise would otherwise be burdened by generally applicable laws. The essay goes on to suggest several things that must be true of our law …
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Richard W Garnett
Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …
Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett
Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett
Richard W Garnett
The First Amendment’s “Establishment Clause” is widely thought to protect “conscience.” Does it? If so, how? It is proposed in this paper that the no-establishment rule does indeed promote and protect religious liberty, and does safeguard conscience, but not (or, at least, not only) in the way most people think it does, namely, by sparing those who object from the asserted injury to their conscience caused by public funding of religious activity. The Supreme Court’s decision in Hein v. Freedom from Religion Foundation - a case in which the Justices limited taxpayer standing to bring Establishment Clause claims - reminds …
Religious Freedom, Church Autonomy, And Constitutionalism, Richard W. Garnett
Religious Freedom, Church Autonomy, And Constitutionalism, Richard W. Garnett
Richard W Garnett
No abstract provided.
The Spiritual Values Of Wilderness, John C. Nagle
The Spiritual Values Of Wilderness, John C. Nagle
John Copeland Nagle
The Wilderness Act of 1964 is the principal legal mechanism for preserving wilderness in the United States. The law now protects over 100 million acres of federal land, half of which is in Alaska. Yet the contested meaning of the term wilderness continues to affect the management of those wilderness areas, and the designation of additional lands as wilderness areas. Much current thinking about wilderness emphasizes the ecological and recreational interests that Congress cited when it enacted the law. These justifications for wilderness preservation are important, but they are incomplete. They are best supplemented by a better understanding of the …
Playing Noah, John C. Nagle
Playing Noah, John C. Nagle
John Copeland Nagle
The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Nicole Stelle Garnett
No abstract provided.
Children's Beliefs And Family Law, Margaret F. Brinig
Children's Beliefs And Family Law, Margaret F. Brinig
Margaret F Brinig
In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.
I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …
Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley
Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley
Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley
Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein
The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein
Touro Law Review
No abstract provided.
Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks
Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks
Touro Law Review
No abstract provided.
Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak
Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak
Touro Law Review
Analyzes the two divided loyalties that Levinson faces in "Divided Loyalties: The Problem of 'Dual Sovereignty' and Constitutional Faith."
Israel's Constitutional Tragedy, Menachem Lorberbaum
Israel's Constitutional Tragedy, Menachem Lorberbaum
Touro Law Review
No abstract provided.
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Touro Law Review
No abstract provided.
Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson
Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson
Touro Law Review
Sanford Levinson provides the inaugural lecture of the new Jewish Law Institute at Touro Law School. He focuses on some of the ways that he finds himself constantly thinking of what might be termed "meta-issues" that arise in his joint study of, and intellectual confrontation with, Jewish law and American constitutional law.
The Disincorporation Proclamation: Emancipating The Establishment Clause From The Fourteenth Amendment, Martin Wishnatsky
The Disincorporation Proclamation: Emancipating The Establishment Clause From The Fourteenth Amendment, Martin Wishnatsky
Martin Wishnatsky
No abstract provided.
The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall
The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall
Brian M McCall
This lecture addresses the natural relationship between Church and State and explains Catholic Social Teaching regarding the organization of civil society.
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
South Carolina Law Review
No abstract provided.
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
UF Law Faculty Publications
Beginning in 2013, the federal government mandated that general business corporations include contraceptive and early abortion coverage in large employee health plans. Internal Revenue Code Section 4980D imposes a substantial excise tax on health plans violating the mandate. Indeed, for one company – Hobby Lobby – the expected annual tax is nearly one-half billion dollars. Dozens of “for profit” businesses have challenged the mandate on free exercise grounds, asserting claims under the First Amendment as well as under the Religious Freedom Restoration Act.
So far, courts have been reluctant to hold corporations have religious rights of their own; as a …
Texas Cheerleaders And The First Amendment: Can You Cheer For God At A Football Game?, Brett A. Geier
Texas Cheerleaders And The First Amendment: Can You Cheer For God At A Football Game?, Brett A. Geier
Brett A Geier
The Kountze High School Cheerleaders in Kountze, Texas last year placed religious messages on run-through banners at the pre-game ceremonies for its football team. When district officials directed the cheerleaders to cease placing the messages on the banners, the cheerleaders sought relief under the Free Exercise Clause and free speech doctrine. In the spring of 2013, the District Court enjoined the school from preventing the cheerleaders from placing religious messages on the banners stating that the act did not violated the Establishment Clause. This particular case has multiple issues that must be addressed: First Amendment conflict; free speech fora, religious …