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Articles 1 - 2 of 2
Full-Text Articles in Law
Ex-Post Right, Ex-Ante Wrong, Ariel Porat
Ex-Post Right, Ex-Ante Wrong, Ariel Porat
Notre Dame Law Review
Should a doctor be held liable under negligence law for harmful treatment she administered to a patient, if the treatment should have been considered negligent at the time it was administered, but is now considered reasonable at the time of trial? Should a manufacturer be held liable for harm caused to a consumer from a product that is considered reasonable, and therefore nondefective, at the time of trial, but that should have been considered unreasonable, and therefore defective, at the time of its distribution? More generally put: Should the law impose liability for ex-post right but ex-ante wrong behaviors? The …
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Journal Articles
This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …