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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The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) superseded the Religious Freedom Restoration Act (“RFRA”), which the Supreme Court held unconstitutional in its application to states in 1997.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 …
Once We Were Slaves, Now We Are Free: Legal, Administrative, And Social Issues Raised By Passover Celebrations In Prison, Aviva A. Orenstein
Once We Were Slaves, Now We Are Free: Legal, Administrative, And Social Issues Raised By Passover Celebrations In Prison, Aviva A. Orenstein
Articles by Maurer Faculty
"Once we were slaves, now we are free" is a central line from the Jewish Passover Seder, a ritual meal in which participants retell the story of liberation from Pharaoh's oppression. In prison, many Jewish inmates request access to a Seder and to kosher-for-Passover food for the eight-day holiday. Prisoners' requests to celebrate Passover provide a rich example for exploring the Religious Land Use and Institutional Persons Act (RLUIPA) and raise a host of tough questions regarding cost, safety, equal treatment of prisoners, and establishment of religion. Because kosher-for-Passover meals are more expensive and generally of higher quality than regular …