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Articles 1 - 8 of 8
Full-Text Articles in Law
Re-Enchanting The Corporation, Lyman P.Q. Johnson
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
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
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
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
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
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
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
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.