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Law and Society

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2014

Free Exercise Clause

Articles 1 - 2 of 2

Full-Text Articles in Law

Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin Jan 2014

Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin

Short Works

No abstract provided.


Experimenting With Religious Liberty The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz Dec 2013

Experimenting With Religious Liberty The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz

Bruce Ledewitz

This article deals with an episode of constitutional development in which the voice of the people, rather than that of the Supreme Court, has been dominant. The constitutional value at issue is religion - its free exercise and its establishment. The Court has taken a step back in developing this constitutional value. Under Establishment Clause jurisprudence, despite fairly extensive doctrinal development, the Supreme Court has recently refrained from hearing some cases that it might have heard in the past, under the rubric of nonjusticiability. Much more dramatically, the Court limited the substantive reach of the Free Exercise Clause in 1990, …