Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Philosophy (318)
- Law and Politics (281)
- Religion Law (181)
- First Amendment (115)
- Civil Rights and Discrimination (56)
-
- Law and Society (46)
- Supreme Court of the United States (32)
- Education Law (25)
- Courts (23)
- Legal History (22)
- Jurisprudence (21)
- Human Rights Law (20)
- Public Law and Legal Theory (20)
- Arts and Humanities (19)
- Comparative and Foreign Law (19)
- State and Local Government Law (18)
- Civil Law (17)
- Religion (16)
- Fourteenth Amendment (15)
- Health Law and Policy (15)
- Judges (14)
- Legislation (14)
- Law and Gender (13)
- Social and Behavioral Sciences (12)
- International Law (11)
- Labor and Employment Law (11)
- Sexuality and the Law (11)
- Criminal Law (10)
- Institution
-
- Duquesne University (312)
- BLR (37)
- Pepperdine University (20)
- Touro University Jacob D. Fuchsberg Law Center (17)
- University of Maryland Francis King Carey School of Law (14)
-
- Notre Dame Law School (13)
- St. John's University School of Law (12)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (12)
- American University Washington College of Law (10)
- Maurer School of Law: Indiana University (10)
- Roger Williams University (9)
- Washington and Lee University School of Law (8)
- Seattle University School of Law (7)
- Northwestern Pritzker School of Law (6)
- University of Cincinnati College of Law (6)
- Schulich School of Law, Dalhousie University (5)
- University of Georgia School of Law (5)
- University of Kentucky (5)
- Villanova University Charles Widger School of Law (5)
- William & Mary Law School (5)
- Chicago-Kent College of Law (4)
- Florida International University College of Law (4)
- University of Arkansas Little Rock (4)
- University of Michigan Law School (4)
- Washington University in St. Louis (4)
- Duke Law (3)
- Georgetown University Law Center (3)
- Marquette University Law School (3)
- New York Law School (3)
- The Catholic University of America, Columbus School of Law (3)
- Publication Year
- Publication
-
- Ledewitz Papers (163)
- Newspaper Columns (87)
- Hallowed Secularism (60)
- ExpressO (37)
- Pepperdine Law Review (20)
-
- Faculty Publications (14)
- Scholarly Works (14)
- Faculty Scholarship (12)
- Touro Law Review (11)
- Journal Articles (9)
- University of Maryland Law Journal of Race, Religion, Gender and Class (8)
- Seattle University Law Review (7)
- American University Law Review (6)
- Indiana Law Journal (5)
- Law Faculty Scholarly Articles (5)
- Schmooze 'tickets' (5)
- Supreme Court Briefs (5)
- University of Cincinnati Law Review (5)
- Articles by Maurer Faculty (4)
- Chicago-Kent Law Review (4)
- Law Faculty Publications (4)
- Law Faculty Scholarship (4)
- Life of the Law School (1993- ) (4)
- Notre Dame Law Review (4)
- Scholarly Articles (4)
- Scholarly Articles in Law Reviews & Journals (4)
- Scholarship@WashULaw (4)
- Washington and Lee Law Review Online (4)
- Dalhousie Law Journal (3)
- Law School Blogs (3)
- Publication Type
Articles 301 - 330 of 599
Full-Text Articles in Constitutional Law
And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg
And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Seeking Common Ground: A Secular Statement, Bruce Ledewitz
Seeking Common Ground: A Secular Statement, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz
The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve
Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve
Articles by Maurer Faculty
This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.
Laïcité In Comparative Perspective (Conference): Foreword, Mark L. Movsesian
Laïcité In Comparative Perspective (Conference): Foreword, Mark L. Movsesian
Faculty Publications
On June 11, 2010, the Center for Law and Religion at St. John's University School of Law held its inaugural event, an academic conference at the University's Paris campus. "Laïcité in Comparative Perspective" brought together scholars from the United States and Europe to explore the French concept of laïcité and compare it with models of church-state relations in other countries, particularly the United States. Participants included Douglas Laycock (University of Virginia), who offered the Conference Introduction; Nathalie Caron (Université Paris-Est Créteil); Blandine Chelini-Pont (Université Paul Cézanne Aix-Marseille); Nina Crimm (St. John's University); Marc DeGirolami (St. John's University); Javier Martínez-Torrón Universidad …
A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer
A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer
Articles
In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …
October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz
October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Debate Over the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet
Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet
American University Law Review
No abstract provided.
“God” Is Just Another Word, Bruce Ledewitz
“God” Is Just Another Word, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz
Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
June 21, 2009: "Netroots Nation Dives Into Inanity.", Bruce Ledewitz
June 21, 2009: "Netroots Nation Dives Into Inanity.", Bruce Ledewitz
Hallowed Secularism
Blog post, “Netroots Nation Dives into Inanity." discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 11, 2009: How Religion Dies And Secularism Takes Hold, Bruce Ledewitz
May 11, 2009: How Religion Dies And Secularism Takes Hold, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Religion Dies and Secularism Takes Hold“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste
Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste
Dalhousie Law Journal
The Supreme Court of Canada has long pursued the view that our law is somehow an expression and repository of what it terms "Canada 's fundamental values." In Bruker v. Marcovitz, the Court added to the catalogue of these judicially decreed and enforced values one concerning religion, namely, the protection of Canadians against the arbitrary disadvantages of their religions. This comment argues that the Court's judgment in this regard constitutes a fundamental threat to religious liberty inasmuch as it subordinates religious beliefand practice to state values by making the legal acceptability of the former turn on their conformity to the …
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Working Paper Series
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn
If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn
Schmooze 'tickets'
No abstract provided.
Religion And Jacksonian America, Keith E. Whittington
Religion And Jacksonian America, Keith E. Whittington
Schmooze 'tickets'
No abstract provided.
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Schmooze 'tickets'
No abstract provided.
Like A Hole In The Head, Lief H. Carter
Religion And Constitutionalism: Indigenous Societies, David S. Bogen
Religion And Constitutionalism: Indigenous Societies, David S. Bogen
Schmooze 'tickets'
No abstract provided.
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray
Faculty Scholarship
This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as a source of both stability and instability. Drawing on a broader body of work in transitional justice, this essay argues that religion has an important role to play in the complex web of overlapping associations and oppositions constitutive of a dynamically stable society and further contends that constitutional protections which encourage a diversity of religions provide the best hope of harnessing that potential while limiting the dangers of religion evidenced in numerous cases of mass atrocity.
Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun
Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun
Scholarly Articles
Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues. Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account, the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.
Charles Taylor And The Future Of Secularism, Bruce Ledewitz
Charles Taylor And The Future Of Secularism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Pleasant Grove V. Summum: Losing The Battle To Win The War, Ian C. Bartrum
Pleasant Grove V. Summum: Losing The Battle To Win The War, Ian C. Bartrum
Scholarly Works
This short essay explores the potential doctrinal implications of the Supreme Court's recent decision in Pleasant Grove v. Summum.
Religious Freedom, Church Autonomy, And Constitutionalism, Richard W. Garnett
Religious Freedom, Church Autonomy, And Constitutionalism, Richard W. Garnett
Journal Articles
Our topic at this symposium is "religion, the state, and constitutionalism"-not "the Constitution," or "the First Amendment," but "constitutionalism." Countless conferences, cases, books, and articles have wrestled with one version or another of the question, "how does our Constitution, with its First Amendment and its religion clauses, promote, protect, or perhaps restrain religion?" We are considering, it seems to me, a question that is different, and that is different in interesting and important ways: What are connections between religion and religious freedom, on the one hand, and constitutionalism, on the other?
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Scholarship
This article reports on the thick layers of law applicable to claims of religious exception to public and private employment workplaces in the United States. It reviews the Supreme Court's First and Fourteenth Amendment salient holdings, distinguishing public sector (government) workplaces, and the extent to which legislative bodies may and may not oblige private employers to "accommodate" religiously-asserted requirements. It also provides exhaustive footnote analyses of all major federal statutes (plus some representative state and local law variations) pertinent to the topic. Its principal conclusions are these: In the currently prevailing view of the U.S. Supreme Court, neither public nor …
Does Free Exercise Of Religion Deserve Constitutional Mention?, John M. Finnis
Does Free Exercise Of Religion Deserve Constitutional Mention?, John M. Finnis
Journal Articles
The article discusses the inclusion of the free exercise of religion among a society's constitutional guarantees in the U.S. It cites Christopher Eisgruber and Lawrence Sager, authors of the book "Religious Freedom and the Constitution," who hold that religion does not deserve constitutional mention on account of any special value. It disputes this view and states that religion does deserve constitutional mention and that the constitution should protect a citizen's right to practice his or her religion.
December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz
December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hegel on Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
Hallowed Secularism
Blog post, “Chanukah—the Victory of the Taliban“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz
December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Thankful Was Your Thanksgiving?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.