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Full-Text Articles in Law
Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks
Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks
Michigan Law Review
Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.
Religion And The Burger Court, Rex E. Lee
Religion And The Burger Court, Rex E. Lee
Michigan Law Review
A Review of Religion, State and the Burger Court by Leo Pfeffer
A Comment On Religious Convictions And Lawmaking, John H. Garvey
A Comment On Religious Convictions And Lawmaking, John H. Garvey
Michigan Law Review
Professor Kent Greenawalt's Cooley Lectures on Religious Convictions and Lawmaking are fresh, honest, and thoughtful. They offer some troubling questions for liberal democratic theorists (Greenawalt names Bruce Ackerman and John Rawls as representatives of the class) who argue that good citizens and officials should set their religious co~victions aside when they deal with political questions. Greenawalt contends that religious liberal democrats are not committed to such a program of self-denial - that sometimes (though not always) political judgments can rest on religious convictions. I think he is right but too modest about the implications of his thesis.