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Full-Text Articles in Law
The Right To Free Exercise Of Religion In Prisons: How Courts Should Determine Sincerity Of Religious Belief Under Rluipa, Noha Moustafa
The Right To Free Exercise Of Religion In Prisons: How Courts Should Determine Sincerity Of Religious Belief Under Rluipa, Noha Moustafa
Michigan Journal of Race and Law
Religion plays a vital role in the daily lives of many prisoners. For incarcerated persons, a connection to the divine can provide comfort during periods of isolation from their family and community. From a policy perspective, spiritual development and religious practice promote rehabilitation and reduce recidivism in inmates. While prisoners forfeit many of their civil liberties, Congress has ensured that religious exercise is not among them. As Congress enhanced religious freedom protections for prisoners, prison facilities became increasingly concerned that prisoners would feign religiosity to gain certain religious accommodations. To counter this concern, prison facilities conditioned accommodations on the sincerity …
Establishing Inequality, Gene R. Nichol
Establishing Inequality, Gene R. Nichol
Michigan Law Review
Part I outlines Nussbaum's thesis and her similarly interesting, if perhaps not always completely consistent, applications of it. Part II touches on some challenges and potential shortcomings her theory presents-for clearly there are such. But, in Part III, I argue that her wide-ranging study of the work of the religion clauses nonetheless touches something residing at the core of American citizenship. No bosses. No masters. No insiders. None outcast. Finally, and far more idiosyncratically, in Part IV I explore and expand on Nussbaum's thesis in light of a modestly serious and rather public dispute over religious equality that occurred at …
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Michigan Journal of Race and Law
Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …
The Establishment Clause And The Ecumenical Movement, Robert C. Casad
The Establishment Clause And The Ecumenical Movement, Robert C. Casad
Michigan Law Review
In recent years the Roman Catholic Church has begun to give tentative official support to the view that eventual reconciliation with the Protestants is feasible and desirable. The acceptance of the ecumenical ideal by the Roman Catholic Church removes virtually all doubt that in the ecumenical movement organized Christianity is facing an upheaval of major importance, comparable perhaps to the Reformation. It is not likely to lose force after a few years, as so many minor religious movements do. It is definitely under way, gaining momentum year by year. It is bound to have far-reaching effects and give rise to …
The EngelCase From A Swiss Perspective, F. William O'Brien
The EngelCase From A Swiss Perspective, F. William O'Brien
Michigan Law Review
On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …
Prayer, Public Schools And The Supreme Court, Paul G. Kauper
Prayer, Public Schools And The Supreme Court, Paul G. Kauper
Michigan Law Review
A more complete understanding of the case, while doing much to temper the initial outburst of disapproval, did not by any means dispel all criticism of the decision or allay all the apprehensions aroused by it. Believing that the Supreme Court's opinion was premised on a fundamentally erroneous interpretation of the establishment clause of the first amendment, Bishop James A. Pike headed a movement to amend the Constitution so as to restore what he regarded as the true and intended meaning of its pertinent language. In the meantime, the Supreme Court has agreed to review and has heard argument on …
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools.