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Constitutional Law

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Articles 1201 - 1230 of 1292

Full-Text Articles in Religion Law

Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade Jan 1984

Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade

Seattle University Law Review

The First Baptist Church court should not have required strict scrutiny of either the building code or the zoning ordinance applications. In reaching its decision, the court incorrectly analyzed Supreme Court decisions construing the free exercise clause, and drew mistaken parallels between the two Sumner ordinances and laws that the Supreme Court has identified as burdening religious freedom. The court should have distinguished between generally applicable laws such as Sumner's building code and zoning ordinance that, in regulating the peripheral aspects of religious conduct, incidentally make a religious practice less convenient or more expensive, and laws that effectively penalize the …


Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr. Jan 1984

Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr.

Villanova Law Review (1956 - )

No abstract provided.


Religion As A Concept In Constitutional Law, Kent Greenawalt Jan 1984

Religion As A Concept In Constitutional Law, Kent Greenawalt

Faculty Scholarship

Because federal and state constitutions forbid government from infringing upon religious liberty or supporting religion, courts must sometimes decide whether a claim, activity, organization, purpose, or classification is religious. In most cases arising under these religion clauses, the religiousness of an activity or organization will be obvious. However; when the presence of religion is seriously controverted, the threshold question, "defining religion," becomes important. Most courts have prudently eschewed theoretical generalizations in approaching that question. Academic commentators have struggled to startlingly diverse proposals.

This Article suggests that in both free exercise and establishment cases, courts should decide whether something is religious …


Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne Jan 1984

Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne

Faculty Publications

No abstract provided.


Constitutional Law - First Amendment - State Licensing Regulation Which Delegates Veto Power To A Church Over The Approval Of Liquor Licenses Within A Specified Distance Of Such Church Violates The Establishment Clause, Mark C. Levy Jan 1983

Constitutional Law - First Amendment - State Licensing Regulation Which Delegates Veto Power To A Church Over The Approval Of Liquor Licenses Within A Specified Distance Of Such Church Violates The Establishment Clause, Mark C. Levy

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - First Amendment - A Statute That Permits A Tax Deduction For Public As Well As Nonpublic School Tuition And Related Expenses Does Not Violate The Establishment Clause Of The First Amendment, J. Edward Goff Jan 1983

Constitutional Law - First Amendment - A Statute That Permits A Tax Deduction For Public As Well As Nonpublic School Tuition And Related Expenses Does Not Violate The Establishment Clause Of The First Amendment, J. Edward Goff

Villanova Law Review (1956 - )

No abstract provided.


Tax Deductions For Parents Of Children Attending Public And Nonpublic Schools: Mueller V. Allen, George Miller Jan 1983

Tax Deductions For Parents Of Children Attending Public And Nonpublic Schools: Mueller V. Allen, George Miller

Kentucky Law Journal

No abstract provided.


Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie May 1982

Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie

BYU Law Review

No abstract provided.


Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr. Nov 1981

Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.

BYU Law Review

No abstract provided.


United States V. Lee, Lewis F. Powell, Jr. Oct 1981

United States V. Lee, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham May 1981

A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham

BYU Law Review

No abstract provided.


Freedom And Equality In The Religion Clauses, John H. Garvey Jan 1981

Freedom And Equality In The Religion Clauses, John H. Garvey

Scholarly Articles

The Supreme Court has been extremely puzzled about how to treat the distribution of public benefits when the pattern of distribution may cause individuals to alter their preferences in making constitutionally protected choices. When dealing with the freedom to choose an abortion, for example, the Court held that the Hyde Amendment was constitutional because the government did not interfere with freedom when all it did was offer money to make the option it preferred (childbirth) more attractive. In free speech cases, the Court has said that when the government opens up public property or offers financial incentives to speakers it …


Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr. Jan 1980

Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr.

Kentucky Law Journal

No abstract provided.


Constitutional Law - Pennsylvania Constitution - Equal Protection - Pennsylvania's Sunday Trading Laws Violate The Equal Protection Provision Of Pennsylvania's Constitution, Stanley A. Smith Jan 1979

Constitutional Law - Pennsylvania Constitution - Equal Protection - Pennsylvania's Sunday Trading Laws Violate The Equal Protection Provision Of Pennsylvania's Constitution, Stanley A. Smith

Villanova Law Review (1956 - )

No abstract provided.


Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii Jan 1979

Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii

Villanova Law Review (1956 - )

No abstract provided.


The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland Jan 1978

The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland

Villanova Law Review (1956 - )

No abstract provided.


Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker Jan 1978

Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker

Kentucky Law Journal

No abstract provided.


Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen Jan 1978

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

No abstract provided.


Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams Jan 1977

Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson Nov 1973

Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson

West Virginia Law Review

No abstract provided.


The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland Apr 1973

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

West Virginia Law Review

No abstract provided.


The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus Jan 1973

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Faculty Publications

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …


Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman Jan 1973

Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman

Villanova Law Review (1956 - )

No abstract provided.


The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey Dec 1972

The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey

West Virginia Law Review

No abstract provided.


Struck V. Secretary Of Defense, Lewis F. Powell Jr. Oct 1972

Struck V. Secretary Of Defense, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Dilemma Of The Professoriate, Matthew W. Finkin Jan 1972

The Dilemma Of The Professoriate, Matthew W. Finkin

Villanova Law Review (1956 - )

No abstract provided.


The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston Jan 1972

The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston

Villanova Law Review (1956 - )

No abstract provided.


The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington Apr 1971

The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington

Scholarly Works

The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …


Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert Feb 1971

Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert

West Virginia Law Review

No abstract provided.


Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss Dec 1970

Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss

Michigan Law Review

A Review of Chiesa e State: Church-State Relations in Italy Within the Contemporary