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Religion

Constitutional Law

2015

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Articles 1 - 5 of 5

Full-Text Articles in Law

Liberalism And Religion Jun 2015

Liberalism And Religion

Steven H. Shiffrin

No abstract provided.

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Hostility Toward Religion And The Rise And Decline Of Constitutionally Protected Religious Speech, Ralph Mawdsley, Charles Russo Feb 2015

Hostility Toward Religion And The Rise And Decline Of Constitutionally Protected Religious Speech, Ralph Mawdsley, Charles Russo

Charles J. Russo

No abstract provided.

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And The Wall Comes Tumbling Down: How The Supreme Court Is Striking The Wrong Balance Between Majority And Minority Rights In Church And State Cases, Alan Garfield Dec 2014

And The Wall Comes Tumbling Down: How The Supreme Court Is Striking The Wrong Balance Between Majority And Minority Rights In Church And State Cases, Alan Garfield

Alan E Garfield

One of the Supreme Court’s primary responsibilities in church and state cases is to strike the right balance between majority and minority rights. But in two high profile cases decided in its last term, the Supreme Court struck the wrong balance in both. In Town of Greece v. Galloway, concerning prayers at the beginning of a small town’s board meetings, the Court was too deferential to the religious majority’s preferred prayer practice and inadequately sensitive to the practice’s impact on religious minorities. In Burwell v. Hobby Lobby Stores, Inc., concerning the right of for-profit corporations to be exempted from the …

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Religious Institutionalism, Implied Consent And The Value Of Voluntarism, Michael A. Helfand Dec 2014

Religious Institutionalism, Implied Consent And The Value Of Voluntarism, Michael A. Helfand

Michael A Helfand

Increasingly, clashes between the demands of law and aspirations of religion center on the legal status and treatment of religious institutions. Much of the rising tensions revolving around religious institutions—exemplified by recent Supreme Court decisions such as Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby—stem from conflicts between the religious objectives of those institutions and their impact on third parties who do not necessarily share those same objectives. This Article aims to provide a framework for analyzing the claims of religious institutions by grounding those claims in the principle of voluntarism. On such an account, religious institutions deserve protection because …

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The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman Dec 2014

The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman

Michael A Helfand

This Article addresses the rise of “co-religionist commerce” in the United States—that is, the explosion of commercial dealings that take place between co-religionists who intend their transactions to achieve both commercial and religious objectives. To remain viable, co-religionist commerce requires all the legal support necessary to sustain all other commercial relationships. Contracts must be enforced, parties must be protected against torts, and disputes must be reliably adjudicated.

Under current constitutional doctrine, co-religionist commercial agreements must be translated into secular terminology if there are to be judicially enforced. However, religious goods and services often cannot be accurately translated without religious terms …

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