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Full-Text Articles in Law

Re-Enchanting The Corporation, Lyman P.Q. Johnson Feb 2010

Re-Enchanting The Corporation, Lyman P.Q. Johnson

William & Mary Business Law Review

No abstract provided.


The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree Oct 2008

The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree

William & Mary Bill of Rights Journal

When a claimant challenges some governmental law or action under the Free Exercise Clause of the First Amendment, courts have long required the claimant to make out a prima facie case that the government has burdened the exercise of the claimant's sincerely held religious beliefs. This requirement has been referred to as the threshold test for free exercise claims, since claimants must make this showing as a threshold matter before courts will proceed to evaluate the burden and the governmental interest at stake under some standard of scrutiny. This Article argues that although the Supreme Court of the United States …


Moral And Religious Convictions As Categories For Special Treatment: The Exemption Strategy, Kent Greenawalt Apr 2007

Moral And Religious Convictions As Categories For Special Treatment: The Exemption Strategy, Kent Greenawalt

William & Mary Law Review

No abstract provided.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Oct 2006

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

William & Mary Bill of Rights Journal

No abstract provided.


Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks Oct 2006

Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.


The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer Jan 1996

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …


Conscientious Objectors - A Test Of Sincerity. Welsh V. United States, 90 S. Ct. 1792 (1970), Peter M. Desler Dec 1970

Conscientious Objectors - A Test Of Sincerity. Welsh V. United States, 90 S. Ct. 1792 (1970), Peter M. Desler

William & Mary Law Review

No abstract provided.


Constitutional Law - In-Service Conscientious Objector - Goguen V. Clifford, 304 F. Supp. 958 (D.N.J. 1969), James T. Wood Mar 1970

Constitutional Law - In-Service Conscientious Objector - Goguen V. Clifford, 304 F. Supp. 958 (D.N.J. 1969), James T. Wood

William & Mary Law Review

No abstract provided.