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Religious &(And) Philosophical Exemptions To Mandatory School Vaccinations: Who Should Bear The Costs To Society, Anthony Ciolli
Religious &(And) Philosophical Exemptions To Mandatory School Vaccinations: Who Should Bear The Costs To Society, Anthony Ciolli
Missouri Law Review
This Essay will discuss the impact that recognizing religious and philosophical exemptions to mandatory school vaccinations may have on society, with a particular focus on who should bear the costs of the negative externalities created by widespread use of such exemptions. Part I will discuss the rationale behind mandatory vaccinations and identify the costs associated with religious and philosophical exemptions. Part II will discuss the current state of school vaccination law and explain why society cannot expect legislatures to completely eliminate religious and philosophical exemptions or rely on the judiciary to provide a proper check on the abuse of such …
Religious Expression And The Penal Institution: The Role Of Damages In Rluipa Enforcement, Joseph E. Bredehoft
Religious Expression And The Penal Institution: The Role Of Damages In Rluipa Enforcement, Joseph E. Bredehoft
Missouri Law Review
This Summary focuses on RLUIPA's institutionalized persons provision and whether, under its remedial provision, an inmate plaintiff can receive compensatory damages. First, this Summary looks at key decisions dealing with the availability of compensatory damages in individual and official capacity claims under RLUIPA. The second component of the Summary analyzes a recent Eighth Circuit decision on the issue of damages as it relates to RLUIPA. This Summary then evaluates the case law on this issue, discussing the policy reasons for and against allowing compensatory damages. Lastly, the discussion concludes that the Eighth Circuit should prohibit institutionalized persons from obtaining compensatory …