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Articles 1 - 17 of 17

Full-Text Articles in Law

Section 7: Upcoming Issues In The Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1998

Section 7: Upcoming Issues In The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


How Not To Challenge The Court, Neal Devins Mar 1998

How Not To Challenge The Court, Neal Devins

William & Mary Law Review

No abstract provided.


The Federalism Implications Of Flores, Stephen Gardbaum Mar 1998

The Federalism Implications Of Flores, Stephen Gardbaum

William & Mary Law Review

No abstract provided.


Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry Mar 1998

Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry

William & Mary Law Review

No abstract provided.


Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt Mar 1998

Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt

William & Mary Law Review

No abstract provided.


The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky Mar 1998

The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky

William & Mary Law Review

No abstract provided.


Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell Mar 1998

Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell

William & Mary Law Review

No abstract provided.


Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan Mar 1998

Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock Mar 1998

Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock

William & Mary Law Review

No abstract provided.


The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla Mar 1998

The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla

William & Mary Law Review

No abstract provided.


Rfra, David P. Currie Mar 1998

Rfra, David P. Currie

William & Mary Law Review

No abstract provided.


Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu Mar 1998

Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu

William & Mary Law Review

No abstract provided.


Judicial Supremacy And The Settlement Function, Robert F. Nagel Mar 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

William & Mary Law Review

No abstract provided.


Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith Mar 1998

Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith

William & Mary Law Review

No abstract provided.


Two Versions Of Judicial Supremacy, Mark Tushnet Mar 1998

Two Versions Of Judicial Supremacy, Mark Tushnet

William & Mary Law Review

No abstract provided.


City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton Mar 1998

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

William & Mary Law Review

No abstract provided.


Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle Jan 1998

Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle

Articles by Maurer Faculty

This article discusses and analyzes City of Boerne v. Flores, the Supreme Court's 1997 decision invalidating the Religious Freedom Restoration Act of 1993 (RFRA) as applied to state and local governments, and it explores a variety of ways in which Congress might respond to Boerne with legislation that might survive constitutional scrutiny. In particular, the article addresses the following statutory possibilities: more narrowly tailored legislation grounded on Section 5 of the Fourteenth Amendment; RFRA-like legislation grounded on Congress's power over interstate commerce or its power to implement treaties; and spending-power legislation imposing RFRA-like conditions on the receipt of federal funding …