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Articles 841 - 870 of 1292
Full-Text Articles in Religion Law
The Outrageous God: Emotional Distress, Tort Liability, And The Limits Of Religious Advocacy, Jeffrey Shulman
The Outrageous God: Emotional Distress, Tort Liability, And The Limits Of Religious Advocacy, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
When Matthew Snyder died fighting for his country, his memory was celebrated, and his loss mourned. The Westboro Baptist Church conducted a celebration of a different kind by picketing near Matthew’s funeral service. The church held signs that read, “You are going to hell,” “God hates you,” “Thank God for dead soldiers,” and “Semper fi fags.” In the weeks following the funeral, the church posted on its website, godhatesfags.com, an “epic” entitled “The Burden of Marine Lance Cpl. Matthew Snyder.” Matthew’s burden, as the church saw it, was that he had been “raised for the devil” and “taught to defy …
Moral Conflict And Conflicting Liberties, Chai R. Feldblum
Moral Conflict And Conflicting Liberties, Chai R. Feldblum
Georgetown Law Faculty Publications and Other Works
The authors' goal in this chapter is to surface some of the commonalities between belief liberty and identity liberty and to offer some public policy suggestions for what to do when these liberties conflict. She first wants to make transparent the conflict that she believes exists between laws intended to protect the liberty of lesbian, gay, bisexual, and transgender (LGBT) people so that they may live lives of dignity and integrity and the religious beliefs of some individuals whose conduct is regulated by such laws. The author believes those who advocate for LGBT equality have downplayed the impact of such …
From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman
From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman
NYLS Law Review
No abstract provided.
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wisconsin v. Yoder (decided in 1972) has changed the constitutional landscape of custody cases - - and it has done so in a way that is unsound both as a matter of law and policy. Following Yoder, most courts require a showing of harm to the child, or a substantial threat of harm to the child, before placing any restrictions on exposure to a parent’s religious beliefs and practices. This harm standard leaves children in an untenable position when parents compete for “spiritual custody,” …
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Law Faculty Scholarship
No abstract provided.
The Problem Of Religious Learning, Marc O. Degirolami
The Problem Of Religious Learning, Marc O. Degirolami
Faculty Publications
The problem of religious learning is that religion—including the teaching about religion—must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insufficient attention has been paid to …
Excluding Religion, Nelson Tebbe
How Did The Ten Commandments End Up On Both Sides Of The Wall Of Separation Between Church And State? The Contradicting Opinions Of Van Orden V. Perry And Mccreary V. Aclu, Tyson Radley O'Connell
How Did The Ten Commandments End Up On Both Sides Of The Wall Of Separation Between Church And State? The Contradicting Opinions Of Van Orden V. Perry And Mccreary V. Aclu, Tyson Radley O'Connell
Montana Law Review
Separation between Church and State
Judicial Enforcement Of The Establishment Clause, Richard W. Garnett
Judicial Enforcement Of The Establishment Clause, Richard W. Garnett
Journal Articles
This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.
Terrorism As An Intellectual Problem, Charles W. Collier
Terrorism As An Intellectual Problem, Charles W. Collier
UF Law Faculty Publications
The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Life After The Establishment Clause, Steven G. Gey
Life After The Establishment Clause, Steven G. Gey
West Virginia Law Review
No abstract provided.
Substantive Neutrality Revisited, Douglas Laycock
Substantive Neutrality Revisited, Douglas Laycock
West Virginia Law Review
No abstract provided.
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
West Virginia Law Review
No abstract provided.
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle
West Virginia Law Review
No abstract provided.
Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman
Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman
West Virginia Law Review
No abstract provided.
Why Student Religious Speech Is Speech, John E. Taylor
Why Student Religious Speech Is Speech, John E. Taylor
West Virginia Law Review
No abstract provided.
The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
West Virginia Law Review
No abstract provided.
Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt
Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt
West Virginia Law Review
No abstract provided.
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
West Virginia Law Review
No abstract provided.
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
West Virginia Law Review
No abstract provided.
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
West Virginia Law Review
No abstract provided.
The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis
The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis
Washington and Lee Law Review
No abstract provided.
"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith
"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith
West Virginia Law Review
No abstract provided.
Free To Believe, Richard W. Garnett
Free To Believe, Richard W. Garnett
Journal Articles
Richard Garnett reviews Religious Freedom and the Constitution by Christopher L. Eisgruber & Lawrence G. Sager, Harvard University Press, 352 pages, $28.95
A Syllabus Of Errors, Douglas Laycock
A Syllabus Of Errors, Douglas Laycock
Michigan Law Review
Modern American society is pervasively regulated. It is also religiously diverse to a degree that is probably unprecedented in the history of the world. It is inevitable that some of these diverse religious practices will violate some of these pervasive regulations, and equally inevitable that if we ask whether all these regulations are really necessary, sometimes the answer will be no. If we take free exercise of religion seriously, sometimes it will make sense to exempt sincere religious practices from generally applicable laws - but only some laws, and only some applications. Hardly anyone thinks that human sacrifice should be …
A Response To Professor Laycock, Marci A. Hamilton
A Response To Professor Laycock, Marci A. Hamilton
Michigan Law Review
Almost a hundred years ago, the American Association of University Professors established guidelines for civility among scholars, saying that academic exchanges "should be set forth with dignity, courtesy, and temperateness of language." I agree wholeheartedly with these principles, and I will not succumb to the temptation to respond in kind to Professor Laycock's review. Tone is much less important than having a frank exchange of views. It is well known that Professor Laycock and I have very different perspectives on the proper interpretation of the Free Exercise Clause. His review and my response should be an opportunity for us to …
Put That In Your Thurible And Smoke It: Religious Gerrymandering Of Sacramental Intoxication, Mark A. Levine
Put That In Your Thurible And Smoke It: Religious Gerrymandering Of Sacramental Intoxication, Mark A. Levine
ExpressO
In February 2006, the Supreme Court ruled on the case Gonzales v. O Centro Beneficente Uniao do Vegetal, granting an injunction permitting the use of ayahuasca, a plant containing the Schedule I substance Dimethyltryptamine, for sacramental intoxication purposes. The unanimous Court justified this injunction by comparing the Uniao do Vegetal's use of the illegal substance with the Native American Church's use of peyote, which contains another Schedule I substance, mescaline. This ruling is incomptabile with lower court rulings rejecting the Ethiopian Zion Coptic Church use of marijuana, consistently stating that the Native American Church has rights beyond those of other …
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
Law Faculty Publications
No abstract provided.