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Full-Text Articles in Law

Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine May 2011

Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Samuel J. Levine

In recent years, 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. While the Justices have articulated valid concerns concerning these cases, courts should not allow these concerns to deter them from making decisions vital to the effective adjudication of Free Exercise and Establishment Clause cases. In fact, it appears that as a result of the Court's increasing refusal to consider carefully the religious questions central to many cases, the Court often tends to group together religious claims and practices, regardless of the relative …


Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum Jan 2011

Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum

Ian C Bartrum

This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the context of the "ministerial exception" and the Court's decision to hear arguments in Hosanna-Tabor v. EEOC.


A Standard For Salvation: Evaluating “Hybrid-Rights” Free-Exercise Claims, William J. Haun Jan 2011

A Standard For Salvation: Evaluating “Hybrid-Rights” Free-Exercise Claims, William J. Haun

Catholic University Law Review

No abstract provided.