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Full-Text Articles in Law
'Illegal' Migration Is Speech, Daniel Morales
'Illegal' Migration Is Speech, Daniel Morales
College of Law Faculty
Non-citizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that non-citizens living outside the U.S. have a say in the formation of immigration law, since they must obey it. For the first time, this Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment …
Constitutional Personhood, Zoe Robinson
Constitutional Personhood, Zoe Robinson
College of Law Faculty
Over the past decade, in a variety of high-profile cases, the Supreme Court has grappled with difficult questions as to the constitutional personhood of a variety of claimants. Of most note are the recent corporate constitutional personhood claims that the protections of the First Amendment Speech and Religion Clauses extend to corporate entities. Corporate constitutional personhood, however, is only a small slice of a broader constitutional question about who or what is entitled to claim the protection of any given constitutional right. Beyond corporations, courts are being asked to answer very real questions about a person’s constitutional status: Do aliens …
Lobbying In The Shadows: Religious Interest Groups In The Legislative Process, Zoe Robinson
Lobbying In The Shadows: Religious Interest Groups In The Legislative Process, Zoe Robinson
College of Law Faculty
The advent of the new religious institutionalism has brought the relationship between religion and the state to the fore once again. Yet, for all the talk of the appropriateness of religion-state interactions, scholars have yet to examine how it functions. This Article analyzes the critical, yet usually invisible, role of “religious interest groups” — lobby groups representing religious institutions or individuals — in shaping federal legislation. In recent years, religious interest groups have come to dominate political discourse. Groups such as Priests for Life, Friends Committee on National Legislation, Women’s Christian Temperance Union, and American Jewish Congress have entered the …
The Contraception Mandate And The Forgotten Constitutional Question, Zoe Robinson
The Contraception Mandate And The Forgotten Constitutional Question, Zoe Robinson
College of Law Faculty
Litigation over the Contraception Mandate — which requires all employer insurance plans to include coverage for contraceptives — is quickly becoming one of the largest religious liberty challenges in American history. The most powerful claim raised by some of the litigants is that their status as “religious institutions” exempt them from compliance with the Mandate. But what is a religious institution, and who gets to become one — and why? Should the University of Notre Dame be treated the same as the Archdiocese of the District of Columbia? Should lobbying group Priests for Life be lumped together with Hobby Lobby, …
What Is A 'Religious Institution'?, Zoe Robinson
What Is A 'Religious Institution'?, Zoe Robinson
College of Law Faculty
Change in the First Amendment landscape tends towards the incremental, but the Supreme Court’s opinion two terms ago in Hosanna-Tabor v. EEOC — holding that religious institutions enjoy a range of First Amendment protections that do not extend to other individuals or organizations — is better understood as a jurisprudential earthquake. The suddenness and scale of the shift helps to explain the turmoil that has ensued in the lower courts and law journals. And yet, it could be that the biggest aftershock has yet to be felt. The Court left open the most important functional question that exists in scenarios …