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Full-Text Articles in Law

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin Dec 2016

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin

Articles

No abstract provided.


Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law Dec 2016

Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray Jan 2016

Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray

Law Faculty Scholarly Articles

What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …


Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips Jan 2016

Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips

Articles & Chapters

From the late 17th century, the Religious Society of Friends (“Quakers”) observed a method of resolving disputes arising within congregations that was scripturally based, and culminated in final and binding arbitration. The practice of Quaker arbitration gradually disappeared during the late 19th and early 20th centuries, and few modern Quakers are even aware of it. This article traces that decline and notes similarities with mercantile arbitration. In both religious and mercantile arbitration, a defined community valued the goal of avoiding group disruption more than the goal of vindicating individual legal rights. In both cases, members of the community applied distinct …