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‘By What Right?’: The Sources And Limits Of Federal Court And Congressional Jurisdiction Over Matters ‘Touching’ Religion, Robert A. Destro
‘By What Right?’: The Sources And Limits Of Federal Court And Congressional Jurisdiction Over Matters ‘Touching’ Religion, Robert A. Destro
Scholarly Articles
This Article examines the extent to which the Court's power "to say what the law is"" on the sensitive subject of religious liberty has been, and continues to be, constrained by the lawmaking powers of Congress and the states. Though the topic is obviously an important one, it has not been examined systematically. Most of the case law and commentary focuses on the limits which the Constitution imposes, or should be held to impose, on the powers of Congress and the states. The Court's power to define those limits appears, by contrast, to be one of those "fundamental assumptions [that] …
All Things Being Equal, John H. Garvey
All Things Being Equal, John H. Garvey
Scholarly Articles
I will discuss the effect that the proposed Religious Equality Amendment might have on existing First Amendment law.
An Anti-Liberal Argument For Religious Freedom, John H. Garvey
An Anti-Liberal Argument For Religious Freedom, John H. Garvey
Scholarly Articles
I want to consider why we protect freedom of religion as a constitutional right. The commonsense answer, which I think hits close to the truth, is that we protect it because religion is important. I will try to show that this answer is better than the alternatives which liberal theory offers.
Developments In Liability Theories And Defenses, Robert A. Destro
Developments In Liability Theories And Defenses, Robert A. Destro
Scholarly Articles
Litigators with experience in the field of religious liberty believe that courts do not seem to take religious liberty claims and defenses very seriously; however, it is difficult to know why. To be sure, the anecdotal evidence is certainly there, not only in the reported cases, but also in the actual courtroom experiences of those who attempt to raise religious liberty claims and defenses. In one Texas tort case, a trial court judge stated that she would not permit the Church "to hide behind the first amendment;" in a Maryland case a number of years ago, I was asked by …