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Articles 1 - 11 of 11
Full-Text Articles in Law
A Judicial Postscript On The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne
A Judicial Postscript On The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne
Faculty Publications
This work is a continuation of the debate regarding the Establishment Clause. The focus lies with Justice O’Connor’s concurrence in County of Allegheny v. ACLU and how this opinion harkens back to a concept shared by Jefferson and Madison, that the establishment clause is designed to prevent government favoritism.
Rawls On Political Community And Principles Of Justice, James W. Nickel
Rawls On Political Community And Principles Of Justice, James W. Nickel
Articles
No abstract provided.
How To Govern A City On A Hill: The Early Puritan Contribution To American Constitutionalism, John Witte Jr.
How To Govern A City On A Hill: The Early Puritan Contribution To American Constitutionalism, John Witte Jr.
Faculty Articles
This Article explores briefly the constitutional ideas and institutions of seventeenth-century Puritan New England. It analyzes the constitutional ideas that the Puritans derived from their theological doctrines of covenant, church and state, and sin, and it examines the forms and functions of political and ecclesiastical government they devised in implementation of these ideas.
Churches And The Free Exercise Of Religion, John H. Garvey
Churches And The Free Exercise Of Religion, John H. Garvey
Scholarly Articles
The first amendment says that "Congress shall make no law . . . prohibiting the free exercise" of religion. This rule is most often used to protect individuals (religious speakers, pacifists, people claiming public benefits). This is hardly surprising. We naturally think that free exercise is an individual right, as we think that religion is a personal and private affair. I want to dispute (more modestly, to qualify) that view. I will argue that we should (sometimes) see the freedom of religion as a group right, which can conflict with, and take precedence over, individual rights.
A Commentary On Professor Fisher’S Thesis: Ideology, Religion, Private Property And The Supreme Court 1987-88, Howard Hunter
A Commentary On Professor Fisher’S Thesis: Ideology, Religion, Private Property And The Supreme Court 1987-88, Howard Hunter
Research Collection Yong Pung How School Of Law
The most important lessons to be learned from Professor Fisher's paper are that the ideologies central to American law have roots in religious thought and that the influence of ideologies can be found throughout American law, perhaps most especially in judicial decisions. To these lessons we can add a third: the ideologies embodied in judicial decisions concerning private property in the period from the American Revolution to the Civil War are still with us. Three recent decisions of the United States Supreme Court' illustrate the continuing importance of the constitutional and ideological protection of private property, while offering an interesting …
The Lemon Test: Should It Be Retained, Reformulated Or Rejected?, Carl H. Esbeck
The Lemon Test: Should It Be Retained, Reformulated Or Rejected?, Carl H. Esbeck
Faculty Publications
This essay addresses the Supreme Court's three-part establishment clause test originally set down in Lemon v. Kurtzman. Part I concerns the manner in which the Lemon test has substantially evolved. Part II explores what the evolved test has to offer by way of solving the seemingly conflicting duties not to inhibit free speech and political rights, while at the same time refraining from passing laws "respecting an establishment of religion." Finally, Part III addresses some of the proposals to supplant Lemon altogether.
First Freedom: Religion And The Bill Of Rights, Carl H. Esbeck
First Freedom: Religion And The Bill Of Rights, Carl H. Esbeck
Faculty Publications
This volume is a collection of seven papers delivered at a symposium assembled in April 1989 upon the occasion, almost two hundred years hence, of the passage of the Bill of Rights by the First Congress. The unifying theme is stated to be the historical context of both Religion Clauses in the First Amendment, but the authors are driven primarily by Establishment Clause concerns. The Thrust of the essays deal with the originalism advanced during the years of Reagan Administration, and nonpreferentialism comes in for particular criticism, both pejoratively characterized as that "growing clamor".
Religious Convictions And Political Choice: Some Further Thoughts, Kent Greenawalt
Religious Convictions And Political Choice: Some Further Thoughts, Kent Greenawalt
Faculty Scholarship
Let me start by putting my topic in a concrete context. Suppose a statute is offered to relieve animals of the oppressively cramped conditions of modern factory farming. Advocates claim that calves, lambs, pigs, and chickens should have a better quality of life before being slaughtered for food. Opponents argue that factory farming helps provide tasty, inexpensive meat and that farmers should be free to decide how to treat animals that they own. At stake in the decision whether to restrict farmers is some balancing of animal interests against human interests. In our relatively wealthy society the human interests are …
Book Review Of Religion And The State: Essays In Honor Of Leo Pfeffer, By James E. Wood, Jr., Ruti G. Teitel
Book Review Of Religion And The State: Essays In Honor Of Leo Pfeffer, By James E. Wood, Jr., Ruti G. Teitel
Other Publications
No abstract provided.
Original Intent, History And Levy’S Establishment Clause. Book Review Of The Establishment Clause: Religion And The First Amendment, By Leonard W. Levy, Ruti Teitel
Articles & Chapters
No abstract provided.
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
All Faculty Scholarship
No abstract provided.