Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

External Link

Selected Works

2012

First Amendment

Articles 1 - 2 of 2

Full-Text Articles in Law

The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia Salkin, Amy Lavine Jul 2012

The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia Salkin, Amy Lavine

Patricia E. Salkin

In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …

Go to article

A Tale Of Two Ironies: In Defense Of Tort, David Partlett, William Gill Dec 2011

A Tale Of Two Ironies: In Defense Of Tort, David Partlett, William Gill

William Gill

Charles Dickens likely never imagined that he would be quoted so often in legal discourse.' Yet it is not surprising that he resonates in the world of legal theory, rich as his work is with ironies that operate on personal as well as political levels. Take, for example, A TALE OF TWO CITIES, in which a revolution fought in the name of liberty turns to tyranny, and stable, tradition-bound Burkean ideals provide the means to freedom for those terrorized in the name of liberty.2 The seeds of such ironies have also taken root in the law of our two "cities," …

Go to article