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Full-Text Articles in Law

Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund Jan 2021

Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Reconsidering Thornton V. Caldor, Christopher C. Lund Jan 2020

Reconsidering Thornton V. Caldor, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Martyrdom And Religious Freedom, Christopher C. Lund Jan 2018

Martyrdom And Religious Freedom, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Martyrdom And Religious Freedom, Christopher C. Lund Jan 2018

Martyrdom And Religious Freedom, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund Jan 2017

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Religion Is Special Enough, Christopher C. Lund Jan 2017

Religion Is Special Enough, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Rfra, State Rfras, And Religious Minorities, Christopher C. Lund Jan 2016

Rfra, State Rfras, And Religious Minorities, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


The Propriety Of Religious Exemptions: A Response To Sager, Christopher C. Lund Jan 2016

The Propriety Of Religious Exemptions: A Response To Sager, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Rethinking The "Religious Questions" Doctrine, Christopher C. Lund Jan 2014

Rethinking The "Religious Questions" Doctrine, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Understanding The Establishment Clause: A Revisit, Robert A. Sedler Jan 2013

Understanding The Establishment Clause: A Revisit, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Separation Of Church And State, Neutrality And Religious Freedom In American Constitutional Law, Robert A. Sedler Jan 2013

Separation Of Church And State, Neutrality And Religious Freedom In American Constitutional Law, Robert A. Sedler

Law Faculty Research Publications

Religious freedom is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious freedom by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause protects against the “establishment” of an official church by the government and against governmental action “establishing religion,” while the Free Exercise clause is a textual guarantee of peoples’ right to practice their religion and to hold and act on religious beliefs, free from governmental interference. The Establishment Clause would appear to an outside observer as strongly endorsing the concept of separation of church and state, and the …


The New Victims Of The Old Anti-Catholicism, Christopher C. Lund Feb 2012

The New Victims Of The Old Anti-Catholicism, Christopher C. Lund

Law Faculty Research Publications

Santayana once said that those who cannot remember the past are condemned to repeat it, the implication being that we can avoid future mistakes by paying better attention to past ones. Perhaps this is so. Or perhaps it is as George Bernard Shaw once said-that we learn from history only that we learn nothing from history. Yet one thing is surely clear. To the extent that modern injustices have identifiable historical antecedents, we rightly stand doubly condemned for them.

This Essay looks at four modern church-state cases which span the First Amendment spectrum. The plaintiffs are religiously diverse-one is a …


Religion, Politics And American Foreign Policy In The Middle East, Robert A. Sedler Jan 2011

Religion, Politics And American Foreign Policy In The Middle East, Robert A. Sedler

Law Faculty Research Publications

In the United States, religion and politics are intertwined. This entwinement helps to explain America's strong and unwavering support for Israel. Jewish-Americans, virtually across the board, are strong supporters of Israel, despite strong disagreement over a solution to the Israeli-Palestinian conflict.

The influence of Jewish-Americans on American foreign policy in the Middle East is primarily by way of Jewish strength in the Democratic party. Not only do Jewish-Americans strongly support Democratic candidates in all elections, but all but one of the disproportionately high number of Jewish Senators and Representatives in Congress are Democrats.

The Republicans are also strong supporters of …


Legislative Prayer And The Secret Costs Of Religious Endorsements, Christopher C. Lund Apr 2010

Legislative Prayer And The Secret Costs Of Religious Endorsements, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler Jan 2010

The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler

Law Faculty Research Publications

Religious liberty is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious liberty by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause, sometimes referred to as the separation of church and state, requires that the government maintain a course of complete official neutrality toward religion. The government cannot favor one religion over another, nor can it favor religion over non-religion. The Free Exercise Clause is a textual guarantee of peoples' right to practice their religion and to hold and act on religious beliefs. The First Amendment's guarantee of freedom …


Religious Liberty After Gonzales: A Look At State Rfras, Christopher C. Lund Jan 2010

Religious Liberty After Gonzales: A Look At State Rfras, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Exploring Free Exercise Doctrine: Equal Liberty And Religious Exemptions, Christopher C. Lund Jan 2010

Exploring Free Exercise Doctrine: Equal Liberty And Religious Exemptions, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Scriptural Interpretation And Constitutional Interpretation: An Introduction, 2009 Mich. St. L. Rev. 273, 276 (2009), Christopher C. Lund Jan 2009

Scriptural Interpretation And Constitutional Interpretation: An Introduction, 2009 Mich. St. L. Rev. 273, 276 (2009), Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


The Constitution, The Courts And The Common Law, Robert A. Sedler Jan 2007

The Constitution, The Courts And The Common Law, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Of Government Funding, Religious Institutions, And Neutrality: Seeing The Charitable-Choice Debate Through The Lens Of Arrow's Impossibility Theorem, Christopher C. Lund Jan 2004

Of Government Funding, Religious Institutions, And Neutrality: Seeing The Charitable-Choice Debate Through The Lens Of Arrow's Impossibility Theorem, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


When The Right To Health And The Right To Religion Conflict: A Human Rights Analysis, Lesley Stone, Lance Gable, Tara Gingerich Jan 2004

When The Right To Health And The Right To Religion Conflict: A Human Rights Analysis, Lesley Stone, Lance Gable, Tara Gingerich

Law Faculty Research Publications

No abstract provided.


A Matter Of Constitutional Luck: The General Applicability Requirement In Free Exercise Jurisprudence, Christopher C. Lund Apr 2003

A Matter Of Constitutional Luck: The General Applicability Requirement In Free Exercise Jurisprudence, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler Jan 1997

Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler Jul 1988

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.