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Articles 1 - 15 of 15

Full-Text Articles in Law

What Standards Apply When Freedoms Collide?, Neal Devins Sep 2019

What Standards Apply When Freedoms Collide?, Neal Devins

Neal E. Devins

No abstract provided.


The First Amendment’S Global Dimension, Timothy Zick Sep 2019

The First Amendment’S Global Dimension, Timothy Zick

Timothy Zick

No abstract provided.


The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick Sep 2019

The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick

Timothy Zick

This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …


The Story Of A Forgotten Battle, Nathan B. Oman Sep 2019

The Story Of A Forgotten Battle, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman Sep 2019

The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Nineteenth Century Corporate Law: A New Lens For Religious Freedom Scholars, Nathan B. Oman Sep 2019

Nineteenth Century Corporate Law: A New Lens For Religious Freedom Scholars, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman Sep 2019

Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese Sep 2019

Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese

Alan J. Meese

No abstract provided.


Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman Sep 2019

Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Alan J. Meese

No abstract provided.


Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese Sep 2019

Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese

Alan J. Meese

No abstract provided.


Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton Sep 2019

Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Dec 2014

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

Josh Chafetz

No abstract provided.


Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman Apr 2014

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman

Stephen M. Feldman

No abstract provided.


Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin May 2013

Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin

Peter G. Danchin

No abstract provided.


Freedom Of Religion, Avihay Dorfman Jan 2008

Freedom Of Religion, Avihay Dorfman

Avihay Dorfman

Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected relationship between religious liberty and democracy. Indeed, a proper account of the legitimacy of the democratic process, I argue, dissolves the mystery surrounding freedom …