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Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr.
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr.
Law Faculty Publications
If courts are willing to expand religious liberty so that people may be allowed to choose-on the basis of their own religious beliefs-whether certain laws will apply to non-religious entities they create, those courts should take that step very carefully. This Paper explores the issue and pro- ceeds as follows. Part I discusses three recent Supreme Court cases that il- luminate the telescoping and the collectivization of free exercise rights. Part II considers problems that accompany telescoping and collectivizing free exercise rights. Part III suggests how courts should critically evaluate the telescoping and collectivizing of free exercise rights. This Paper …
The Right To Enforce: Why Rluipa's Land Use Provisions Is A Constitutional Federal Enforcement Power, Qasim Rashid
The Right To Enforce: Why Rluipa's Land Use Provisions Is A Constitutional Federal Enforcement Power, Qasim Rashid
Law Student Publications
The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) superseded the Religious Freedom Restoration Act (“RFRA”), which the Supreme Court held unconstitutional in its application to states in 1997. A two-pronged law, RLUIPA protects prisoners from unjust impositions to their freedom of worship and also ensures religious institutions may use their property for legitimate worship purposes without burdensome zoning law restrictions. This paper focuses specifically on the latter prong and analyzes RLUIPA in light of the growing Islamophobia in America during the previous twenty-four months. For example, the United States Department of Justice reports “of the eighteen RLUIPA matters involving …