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Articles 91 - 106 of 106
Full-Text Articles in Law
A Constitutional Hierarchy Of Religions? Justice Scalia, The Ten Commandments, And The Future Of The Establishment Clause, Thomas Colby
A Constitutional Hierarchy Of Religions? Justice Scalia, The Ten Commandments, And The Future Of The Establishment Clause, Thomas Colby
GW Law Faculty Publications & Other Works
If there is one principle of Establishment Clause jurisprudence that has enjoyed the unanimous support of all of the Justices of the Supreme Court over the last half century, it is that all religions are afforded equal status under the Constitution. With his dissenting opinion in the 2005 Ten Commandments cases, however, Justice Scalia has upset that consensus. According to Justice Scalia's dissent, the Establishment Clause affords greater protection to the believers of some religions (Christianity, Judaism, Islam) than others (Hinduism, Buddhism, no religion, everything else). Turning traditional constitutional law on its head, Justice Scalia's approach treats the Establishment Clause …
Federalism And Faith, Ira C. Lupu, Robert W. Tuttle
Federalism And Faith, Ira C. Lupu, Robert W. Tuttle
GW Law Faculty Publications & Other Works
Should the U.S. constitution afford greater discretion to states than to the federal government in matters affecting religion? In recent years, a number of commentators have been asserting that the Establishment Clause should not apply to the states. Justice Thomas has embraced this view, while offering his own refinements to it. Moreover, the Supreme Court's decision in Locke v. Davey (2004) ruled that a state did not run afoul of the Free Exercise Clause when it refused to subsidize religious studies, in a context in which the Establishment Clause would have permitted the subsidy.
This paper offers a focused (re)consideration …
Religion, Conflict And Peace, David Little
Religion, Conflict And Peace, David Little
Case Western Reserve Journal of International Law
No abstract provided.
What's Real For Law?, Jospeh Vining
What's Real For Law?, Jospeh Vining
Articles
Law is not academic. The univeristy if not its home. Law is in the wider world and is pervasive there, in language, thought, and action.
Accommodating Religion And Law In The Twenty-First Century, Andrew J. King
Accommodating Religion And Law In The Twenty-First Century, Andrew J. King
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Thou Shalt Not?, Mark Strasser
Thou Shalt Not?, Mark Strasser
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Everything Lawyers Know About Polygamy Is Wrong, S. Crincoli (Sigman)
Everything Lawyers Know About Polygamy Is Wrong, S. Crincoli (Sigman)
Scholarly Works
No abstract provided.
Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone
Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone
Articles
No abstract provided.
Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel
Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel
NYLS Law Review
No abstract provided.
Recoiling From Religion, Marc O. Degirolami
Recoiling From Religion, Marc O. Degirolami
Faculty Publications
This is an essay reviewing Professor Marci A. Hamilton's book, GOD VS. THE GAVEL: RELIGION AND THE RULE OF LAW (Cambridge Univ. Press 2005).
Professor Marci Hamilton has written a forceful and obviously heartfelt book that should give pause to committed champions of religious free exercise. She argues convincingly that religious freedom is too often invoked to shield opprobrious and socially harmful activity, and she describes numerous examples of such abuses that make any civilized person's blood run cold. Her avowed aims are to debunk the “hazardous myth” that religion is “inherently and always good for society” and to increase …
Reconceptualizing Federalism, Erwin Chemerinsky
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Seattle University Law Review
The Administration's Faith-Based Initiatives would fail a constitutional challenge under the Establishment Clause of the First Amendment. Applying the three-pronged test developed in Lemon v. Kurtzman and Zelman v. Simmons-Harris, this Comment concludes that the Initiatives, (1) though purportedly secular, have been enacted for a sectarian purpose and are not neutral toward religion; (2) are coercive and fail to fulfill the condition of private choice because the rural poor, such as those in Franklin County, Washington, whom the Initiatives target, realistically cannot choose between non-religious and sectarian service providers; and (3) to the extent that Initiative funded programs can …
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
What role does and should religion play in the legal sphere of a modern liberal democracy? Does religion threaten to create divisions that would undermine the stability of the constitutional order? Or is religious disagreement itself a force that works to create consensus on some of the core commitments of constitutionalism--liberty of conscience, toleration, limited government, and the rule of law? This essay explores these questions from the perspectives of contemporary political philosophy and constitutional theory. The thesis of the essay is that pluralism--the diversity of religious and secular conceptions of the good--can and should work as a force for …
Beyond Worship: The Religious Land Use And Institutionalized Persons Act Of 2000 And Religious Institutions' Auxiliary Uses, Sara Bronin
Sara C. Bronin
Religious institutions have long offered their congregants services that go beyond worship. Particularly in the last two decades, they have begun expanding far beyond their traditional offerings to a wider and more diverse array of auxiliary uses - non-worship uses that are affiliated with a religious institution. (One type of large religious institution, the megachurch, is fast gaining members by offering schools, community centers, dining facilities, even movie theaters and gymnasiums.) Government has long granted special protections to the worship uses of religious institutions. A recent federal law - the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) …