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Articles 1 - 30 of 61
Full-Text Articles in Law
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Indiana Law Journal
It is a volatile time in the jurisprudence of the First Amendment’s Religion Clauses. In recent terms, the U.S. Supreme Court has revisited many key Church-State and free exercise questions, and the Justices seem poised to revisit several more. Each of these fundamental questions presupposes an antecedent question: what, for constitutional purposes, is religion itself? The Court has never answered this question consistently or systematically. But, at least in the case of constitutionally mandated religious exemptions, a clear pattern emerges over time: the broader the Court’s definition of religion, the weaker its regime of religious exemptions. The reverse has also …
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
St. John's Law Review
In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.
Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …
A "Mere Shadow" Of A Conflict: Obscuring The Establishment Clause In Kennedy V. Bremerton, Ann L. Schiavone
A "Mere Shadow" Of A Conflict: Obscuring The Establishment Clause In Kennedy V. Bremerton, Ann L. Schiavone
Law Faculty Publications
In Kennedy v. Bremerton School District, the Roberts Court continued its move to carve out larger spaces for religious practice and expression in public spheres. But in so doing it left lower courts and school districts with many more questions than answers concerning what the Establishment Clause means and what it requires of them.
American Legion V. American Humanist Association, Seth T. Bonilla
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
Trump And Cabinet Nominees Seek To Restrict Muslim Rights, Break Down The Wall Between Church And State, Public Rights/Private Conscience Project
Trump And Cabinet Nominees Seek To Restrict Muslim Rights, Break Down The Wall Between Church And State, Public Rights/Private Conscience Project
Center for Gender & Sexuality Law
A new document issued by the Public Rights/Private Conscience Project (PRPCP) at Columbia Law School outlines the numerous areas in which the Trump administration will seek to advance particular conservative Christian tenets, restrict the rights of religious minorities, and break down the barrier between church and state. Enactment of the administration’s policy priorities would call into question the careful balance that currently exists between the First Amendment and other fundamental rights guaranteed under the Constitution. The report, entitled Church, State & the Trump Administration, highlights the ways in which the new administration’s early executive actions and cabinet nominations, as …
Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin
Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin
Touro Law Review
No abstract provided.
A Balanced Diet Of First Amendment Cases, Joel Gora
A Balanced Diet Of First Amendment Cases, Joel Gora
Touro Law Review
No abstract provided.
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
Touro Law Review
No abstract provided.
Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson
Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson
All Faculty Scholarship
In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution's Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and civil liberties ‒ that any activity must be permitted if it is not imposed upon others without their consent, and if …
Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty
Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty
Touro Law Review
No abstract provided.
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian C. Bartrum
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian C. Bartrum
Scholarly Works
This essay explores the Supreme Court's decision to reenter the debate over legislative prayers, and the Solicitor General's curious decision to enter the case in defense of Greece, New York's (somewhat dubious) practice. I suggest that the Court's decision, and the Solicitor's brief, can best be understood as part of larger conflict over Establishment Clause doctrine moving forward.
Religion, Division, And The First Amendment, Richard W. Garnett
Religion, Division, And The First Amendment, Richard W. Garnett
Richard W Garnett
Nearly thirty-five years ago, in Lemon v. Kurtzman, Chief Justice Warren Burger declared that state programs or policies could excessive(ly) - and, therefore, unconstitutionally - entangle government and religion, not only by requiring or allowing intrusive public monitoring of religious institutions and activities, but also through what he called their divisive political potential. Chief Justice Burger asserted also, and more fundamentally, that political division along religious lines was one of the principal evils against which the First Amendment was intended to protect. And from this Hobbesian premise about the inten(t) animating the First Amendment, he proceeded on the assumption that …
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Peter G. Danchin
No abstract provided.
The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas
The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Unemployment Insurance And The Religion Clauses Of The United States Constitution, David J. Agatstein
Unemployment Insurance And The Religion Clauses Of The United States Constitution, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Board Of Education Of Kiryas Joel Village School District V. Grunet: The Supreme Court Shall Make No Law Defining An Establishment Of Religion, Joanne Kuhns
Pepperdine Law Review
No abstract provided.
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Pepperdine Law Review
No abstract provided.
Ideology "All The Way Down"? An Empirical Study Of Establishment Clause Decisions In The Federal Courts, Gregory C. Sisk, Michael Heise
Ideology "All The Way Down"? An Empirical Study Of Establishment Clause Decisions In The Federal Courts, Gregory C. Sisk, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain
Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain
Pepperdine Law Review
No abstract provided.
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Pepperdine Law Review
In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …
Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec
Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Congress Giveth, And The Courts Taketh Away: Is Restitutionary Recoupment Of Federal Funds A Proper Remedy When Taxpayers Allege That An Expired Statute Violated The Establishment Clause?, Kendra Williams
Pepperdine Law Review
The Seventh Circuit recently held in Laskowski v. Spellings that grantees of government funding can be forced by taxpayers to give grant money back to the federal government when the grant has allegedly violated the Establishment Clause - even when the grant statute expired years ago, the funds have long since been spent, and the government does not want the money back. Laskowski's new remedy has the potential for widely impacting Establishment Clause jurisprudence, especially in the areas of government funding for sectarian schools and other religiously-affiliated groups. The ready availability of a recoupment remedy could also have far-reaching and …
A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler
A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler
Pepperdine Law Review
No abstract provided.
Natural Selection, Irreducible Complexity, And The Bacterial Flagellum: A Contrarian Approach To The Intelligent Design Debate , David Crump
Natural Selection, Irreducible Complexity, And The Bacterial Flagellum: A Contrarian Approach To The Intelligent Design Debate , David Crump
Pepperdine Law Review
No abstract provided.
Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause , William A. Glaser
Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause , William A. Glaser
Pepperdine Law Review
No abstract provided.
Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith
Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith
Pepperdine Law Review
This article challenges the standard view in which Everson v. Board of Education was the foundational and most important establishment clause decision and the school prayer decisions of the early 1960s (Engel v. Vitale and Abington School District v. Schempp) were virtually automatic corollaries. In fact, the article argues, it was the school prayer decisions that were foundational, subverting Everson’s “no aid separationism,” and animating not only later establishment clause jurisprudence but much else in constitutional and public discourse besides. Indeed, it is plausible to see the influence of the school prayer decisions and their articulation of secular neutrality as …
Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck
Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck
Faculty Publications
No abstract provided.
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Scholarship
This article reports on the thick layers of law applicable to claims of religious exception to public and private employment workplaces in the United States. It reviews the Supreme Court's First and Fourteenth Amendment salient holdings, distinguishing public sector (government) workplaces, and the extent to which legislative bodies may and may not oblige private employers to "accommodate" religiously-asserted requirements. It also provides exhaustive footnote analyses of all major federal statutes (plus some representative state and local law variations) pertinent to the topic. Its principal conclusions are these: In the currently prevailing view of the U.S. Supreme Court, neither public nor …