Law Commons^™

Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr.

Law Faculty Publications

If courts are willing to expand religious liberty so that people may be allowed to choose-on the basis of their own religious beliefs-whether certain laws will apply to non-religious entities they create, those courts should take that step very carefully. This Paper explores the issue and pro- ceeds as follows. Part I discusses three recent Supreme Court cases that il- luminate the telescoping and the collectivization of free exercise rights. Part II considers problems that accompany telescoping and collectivizing free exercise rights. Part III suggests how courts should critically evaluate the telescoping and collectivizing of free exercise rights. This Paper …

A Cost-Benefit Analysis Of Religious Persecution: Casting Up A Dread Balance Sheet, R. George Wright

University of Richmond Law Review

No abstract provided.

Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle

Law Student Publications

In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.

The Essence Of Human Rights: A Religious Critique, Gordon Butler

University of Richmond Law Review

No abstract provided.

Power And The Subject Of Religion, Kurt T. Lash

Law Faculty Publications

Under the First Amendment, "Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof." Nevertheless, congressional actors have on occasion enacted laws that expressly make religion the subject of legislation. Many scholars justify these laws on the grounds that Congress at the time of the Founding had an implied power to legislate on religion if necessary and proper to an enumerated end.

Professor Lash argues that the "implied power" theory cannot withstand historical scrutiny. Whatever "implied power" arguments may have emanated from the original Constitution, those arguments were foreclosed by the adoption of the …

Virginia Tax Laws Affecting Churches, J. Rodney Johnson

Law Faculty Publications

This is the second of two articles dealing with external church law in Virginia. The first article was a restatement of all Virginia laws relating to churches except for the tax laws. The subject of taxes was reserved for special treatment at that time because of the volume of tax-related materials. For the most part these materials consist of the various constitutional and statutory taxation provisions relating to religious charities and the opinions of the Virginia Attorney General interpreting and applying these provisions. Attorney General opinions take on a special importance in this study because there is only a handful …