Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Faculty Scholarship
Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …
The Poverty Of Academic Rhetoric, Frederick Mark Gedicks
The Poverty Of Academic Rhetoric, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.
Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix
Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship
No abstract provided.