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Religion Law

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Religion and law

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Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman Jan 2016

Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman

Faculty Scholarship

This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about the …


Pilgrim Finally At Rest: The Journey Of Robert E. Rodes, Jr., Marie Failinger Jan 2015

Pilgrim Finally At Rest: The Journey Of Robert E. Rodes, Jr., Marie Failinger

Faculty Scholarship

90 Notre Dame Law Review 1983 (2015)


Islam In The Mind Of American Courts, Marie Failinger Jan 2012

Islam In The Mind Of American Courts, Marie Failinger

Faculty Scholarship

This article surveys references to Islam and Muslims in American court opinions from 1800 to 1960. It argues that American judges as a group portray an ambivalent attitude toward Muslims, some treating Islam disparagingly or as an exotic and fanciful religion, and others emphasizing the religious equality that Muslims deserve