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Full-Text Articles in Law

Smith In Theory And Practice, Nelson Tebbe Sep 2017

Smith In Theory And Practice, Nelson Tebbe

Nelson Tebbe

Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and …


Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi May 2017

Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin Jan 2017

Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Church, State & The Trump Administration, Public Rights/Private Conscience Project Jan 2017

Church, State & The Trump Administration, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

President Donald Trump has repeatedly pledged to be a staunch defender of religious liberties. Nevertheless, his campaign promises, as well as statements made by him and his cabinet appointees, suggest that Trump holds a limited and deeply flawed understanding of religious freedom, among other constitutional rights and guarantees. While members of the new administration will act quickly and aggressively to advance certain conservative Christian religious tenets by limiting the rights of LGBTQ communities and curtailing access to reproductive health care, the President has promised to significantly restrain the rights of religious minorities by imposing a Muslim immigration ban, increase profiling …


Trump And Cabinet Nominees Seek To Restrict Muslim Rights, Break Down The Wall Between Church And State, Public Rights/Private Conscience Project Jan 2017

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 …