Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of New Mexico (19)
- University of Colorado Law School (10)
- Schulich School of Law, Dalhousie University (7)
- UIdaho Law (3)
- American University Washington College of Law (2)
-
- Columbia Law School (2)
- Seattle University School of Law (2)
- University of Dayton (2)
- Barry University School of Law (1)
- Brigham Young University Law School (1)
- Cornell University Law School (1)
- Florida International University College of Law (1)
- Georgetown University Law Center (1)
- Loyola University Chicago, School of Law (1)
- Mercer University School of Law (1)
- Osgoode Hall Law School of York University (1)
- University of Baltimore Law (1)
- University of Connecticut (1)
- University of Florida Levin College of Law (1)
- University of Richmond (1)
- University of South Carolina (1)
- Wayne State University (1)
- Keyword
-
- Indigenous peoples (6)
- United States (5)
- Native Americans (4)
- USA (4)
- Adjudication (3)
-
- BIA (3)
- Final Unified Decree (3)
- Fort Hall Indian (3)
- ID (3)
- Idaho (3)
- Nez Perce (3)
- Shoshone-Bannock (3)
- Shoshone-Paiute (3)
- Snake River (3)
- Water right (3)
- American Indian law (2)
- Canada (2)
- Coeur D'Alene Tribe (2)
- Criminal justice (2)
- Critique (2)
- Domestic violence (2)
- Human rights (2)
- Indian Lands (2)
- Indian Law (2)
- Indian Tribes (2)
- Indian water rights (2)
- Indigenous Peoples (2)
- International (2)
- International law (2)
- Land Use (2)
- Publication
-
- Publications (12)
- Faculty Scholarship (9)
- Native American Water Rights Settlement Project (6)
- Articles, Book Chapters, & Popular Press (5)
- Articles (4)
-
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Articles (2)
- Faculty Publications (2)
- Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-) (2)
- Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28) (2)
- Reports & Public Policy Documents (2)
- School of Law Faculty Publications (2)
- All Faculty Scholarship (1)
- Articles & Book Chapters (1)
- Celebrating the Great Law: The Wilderness Act at 50 (September 4-5) (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles and Papers (1)
- Faculty Publications & Other Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Jepson School of Leadership Studies articles, book chapters and other publications (1)
- Law Faculty Research Publications (1)
- Studio for Law and Culture (1)
- UF Law Faculty Publications (1)
Articles 61 - 61 of 61
Full-Text Articles in Law
Too Strict?, Richard B. Collins
Too Strict?, Richard B. Collins
Publications
Should the strict scrutiny standard govern judicial review of claims that government has burdened religious freedom? American law’s patchwork of rules applies that demanding standard to some claims but denies any meaningful review to others. A major difficulty is that most claims alleging denial of religious freedom depend on beliefs that cannot be reviewed by secular courts. Claims based on allegations alone shift the burden to the defending government. Strict scrutiny purports to make justification very difficult; governments are supposed to lose most cases. A second defect of the test in religious freedom cases is its failure to consider harm …