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- Conscientious objectors (2)
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Articles 1 - 6 of 6
Full-Text Articles in Law
The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West
The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West
Political Science Faculty Publications
One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise …
The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West
The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West
Political Science Faculty Publications
One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise clause …
Freedom Of Speech As A Product Of Democracy, Arnold H. Loewy
Freedom Of Speech As A Product Of Democracy, Arnold H. Loewy
University of Richmond Law Review
There are very nearly as many (if not more) rationales for freedom of speech as there are books and articles on the subject. Without attempting to canvass them all, I think that they can be divided into two generic theories. One theory suggests that freedom of speech is essentially teleological or consequentialist, i.e. it exists to serve some other goal, usually effective participation in the democratic process. The other theory, which is deontological or normative, suggests that freedom of speech exists as an end in itself rather than as a means towards accomplishing something else. Of course, these theories are …
Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson
Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson
University of Richmond Law Review
I was born and grew up in Hendersonville, North Carolina, a small town of about 6000 people in the western part of the state. There were about 30 Jewish families in Hendersonville, and I knew from a very early age that I was Jewish and, consequently, that I was different in an important way from almost all of my neighbors and classmates. The most evident way, especially to a child, involved dietary prohibitions against eating pork. I also knew that I was allowed absences from school (Rosh Hashanah and Yom Kippur) while other children were not. Inevitably, my Jewishness accounts …
Retracing First Amendment Jurisprudence Under The Free Exercise Clause: Culmination In Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah And Resolution In The Religious Freedom Restoration Act, Laura A. Colombell
University of Richmond Law Review
The above comments of Justice Stewart recognize the myriad of religious beliefs and practices which exist in our nation of diverse people. Protecting them all from government infringement has become an increasingly lofty aim as the number and nature of religions in the United States continue to grow.
The Lemon Test Rears Its Ugly Head Again: Lamb's Chapel V. Center Moriches Union Free School District, Wirt P. Marks Iv
The Lemon Test Rears Its Ugly Head Again: Lamb's Chapel V. Center Moriches Union Free School District, Wirt P. Marks Iv
University of Richmond Law Review
Since 1971, Establishment Clause cases have been analyzed under the three-prong test articulated by the Supreme Court in Lemon v. Kurtzman. However, this test has often been criticized for producing inconsistent results. In addition, inconsistent application of the test by the Court, and conflicting philosophies among judges and scholars regarding the separation of church and state, have resulted in considerable objection to the Lemon test. In fact, at least five of the current Supreme Court Justices have expressed their dissatisfaction with the Lemon test as a workable framework for Establishment Clause analysis.