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Full-Text Articles in Law
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
William & Mary Bill of Rights Journal
The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …
Protecting The Cellular Citizen-Critic: The State Of Political Speech From Sullivan To Popa, Clay Calvert
Protecting The Cellular Citizen-Critic: The State Of Political Speech From Sullivan To Popa, Clay Calvert
William & Mary Bill of Rights Journal
The 1999federal appellate court decision of United States v. Popa suggests the startling emergence of a nascent First Amendment right to engage in anonymous and racist telephonic harassment of government officials. Professor Calvert suggests that this decision sadly reflects the state of political discourse in the United States today, namely a dialectical free-for-all directly contrary to the vision of philosopher-educator Alexander Meiklejohn, a vision advanced by the United States Supreme Court in New York Times Co. v. Sullivan but rejected by the shout-and- attack cultures of cable news channel political talk shows and call-in radio programs. The Popa decision also …
Religion, Rationality, And Special Treatment, Jane Rutherford
Religion, Rationality, And Special Treatment, Jane Rutherford
William & Mary Bill of Rights Journal
Religion has always played a major role in American society, both politically and socially. Its influence on the Constitution is expressed in the Establishment and Free Exercise Clauses. Why is religion given special treatment by the Constitution? In this Article, Professor Jane Rutherford makes a structural argument for religious liberty. Rutherford posits that religion is treated differently not because of the content of its views, but because of the various other functions it serves, such as providing voices for outsiders and advancing non-market values. Rutherford concludes that we should return to more serious enforcement of the Establishment and Free Exercise …