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Articles 1 - 11 of 11
Full-Text Articles in Law
Muslims’ Religious Freedom And Religiosity: Measurement And Impact, Hannah M. Ridge
Muslims’ Religious Freedom And Religiosity: Measurement And Impact, Hannah M. Ridge
Political Science Faculty Books and Book Chapters
Multiple measures of religious freedom and states’ regulation of religion are at work in sociology of religion. These scales apply one score to a country or to a subset of its policies. A uniform state score conceals the internal religious diversity and the heterogeneous experiences of religious freedom that can result. These, in turn, encourage ecological fallacies and mask the disparate impact that religious freedom for one’s own community and for other groups can have on individuals’ preferences and decisions. To demonstrate the value of measuring and studying religious freedom at the individual level, this study applies individual-level assessments of …
Fetal Equality, Shaakirrah R. Sanders
Fetal Equality, Shaakirrah R. Sanders
Washington and Lee Law Review Online
I join Carliss Chatman’s call to fully consider the equal protection implications of the conception theory and raise an additional right to which a fetus may be entitled as a matter of equal protection: health care, which implicates state laws that provide civil and criminal exemptions to parents who choose religious healing instead of medical care for their children and minor dependents. The evidence of harm to children from religious healing is well documented. Yet, currently, approximately forty-three U.S. states and the District of Columbia have some type of exemption to protect religious healing parents in civil and criminal cases. …
Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle, Austin Reed
Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle, Austin Reed
University of Arkansas at Little Rock Law Review
No abstract provided.
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
Indiana Law Journal
No abstract provided.
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian C. Bartrum
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian C. Bartrum
Scholarly Works
This essay explores the Supreme Court's decision to reenter the debate over legislative prayers, and the Solicitor General's curious decision to enter the case in defense of Greece, New York's (somewhat dubious) practice. I suggest that the Court's decision, and the Solicitor's brief, can best be understood as part of larger conflict over Establishment Clause doctrine moving forward.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
Public Prayer And The Constitution, Ethan M. Posner
Public Prayer And The Constitution, Ethan M. Posner
Michigan Law Review
A Review of Public Prayer and the Constitution by Rodney K. Smith
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
Journal Articles
It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …
The EngelCase From A Swiss Perspective, F. William O'Brien
The EngelCase From A Swiss Perspective, F. William O'Brien
Michigan Law Review
On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …
Prayer, Public Schools And The Supreme Court, Paul G. Kauper
Prayer, Public Schools And The Supreme Court, Paul G. Kauper
Michigan Law Review
A more complete understanding of the case, while doing much to temper the initial outburst of disapproval, did not by any means dispel all criticism of the decision or allay all the apprehensions aroused by it. Believing that the Supreme Court's opinion was premised on a fundamentally erroneous interpretation of the establishment clause of the first amendment, Bishop James A. Pike headed a movement to amend the Constitution so as to restore what he regarded as the true and intended meaning of its pertinent language. In the meantime, the Supreme Court has agreed to review and has heard argument on …