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

Law Commons

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

2015

Constitutional Law

Discipline
Institution
Publication
Publication Type
File Type

Articles 211 - 214 of 214

Full-Text Articles in Law

Recensión A "José María Morales Arroyo (Dir.): Recurso De Amparo, Derechos Fundamentales Y Trascendencia Constitucional (El Camino Hacia La Objetivación Del Amparo Constitucional En España), Aranzadi, Cizur Menor, 2014, 483 Páginas", Germán M. Teruel Lozano Dec 2014

Recensión A "José María Morales Arroyo (Dir.): Recurso De Amparo, Derechos Fundamentales Y Trascendencia Constitucional (El Camino Hacia La Objetivación Del Amparo Constitucional En España), Aranzadi, Cizur Menor, 2014, 483 Páginas", Germán M. Teruel Lozano

Germán M. Teruel Lozano

No abstract provided.


Religious Institutionalism, Implied Consent And The Value Of Voluntarism, Michael A. Helfand Dec 2014

Religious Institutionalism, Implied Consent And The Value Of Voluntarism, Michael A. Helfand

Michael A Helfand

Increasingly, clashes between the demands of law and aspirations of religion center on the legal status and treatment of religious institutions. Much of the rising tensions revolving around religious institutions—exemplified by recent Supreme Court decisions such as Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby—stem from conflicts between the religious objectives of those institutions and their impact on third parties who do not necessarily share those same objectives. This Article aims to provide a framework for analyzing the claims of religious institutions by grounding those claims in the principle of voluntarism. On such an account, religious institutions deserve protection because …


The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman Dec 2014

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

Michael A Helfand

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 terms …


Specialized Standards Of Review, Jonas Anderson Dec 2014

Specialized Standards Of Review, Jonas Anderson

J. Jonas Anderson

ABSTRACT The applicable standard of review on appeal is governed by a simple rule: appellate courts review questions of law de novo, questions of fact for "clear error, " and questions of discretion for "abuse of discretion.

Despite the apparent simplicity of the rule, its application has been uneven, to state it mildly. Scholars have written extensively about the application of the rule, but have yet to consider whether the traditional rule of "deference " should be altered when the appellate court is a specialized court. Despite the dearth of legal scholarship on specialized deference, the Supreme Court is keenly …