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Articles 1 - 5 of 5
Full-Text Articles in Law
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
William & Mary Law Review
No abstract provided.
Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington
Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington
William & Mary Bill of Rights Journal
No abstract provided.
The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree
The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree
William & Mary Bill of Rights Journal
When a claimant challenges some governmental law or action under the Free Exercise Clause of the First Amendment, courts have long required the claimant to make out a prima facie case that the government has burdened the exercise of the claimant's sincerely held religious beliefs. This requirement has been referred to as the threshold test for free exercise claims, since claimants must make this showing as a threshold matter before courts will proceed to evaluate the burden and the governmental interest at stake under some standard of scrutiny. This Article argues that although the Supreme Court of the United States …
The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle
The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle
William & Mary Bill of Rights Journal
No abstract provided.
Freedom Of Religion, Avihay Dorfman
Freedom Of Religion, Avihay Dorfman
Avihay Dorfman
Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected relationship between religious liberty and democracy. Indeed, a proper account of the legitimacy of the democratic process, I argue, dissolves the mystery surrounding freedom …