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Articles 691 - 720 of 1014
Full-Text Articles in Religion Law
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.
"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
Drop Coffers, Richard W. Garnett, Benjamin P. Carr
Drop Coffers, Richard W. Garnett, Benjamin P. Carr
Journal Articles
”Coffers.” When we hear or read the word, what do we picture? Buried treasure on the Isle of Monte Cristo? The dragon Smaug’s stolen riches, piled deep under the Lonely Mountain? Maybe we dimly remember a line of Shakespeare or Chaucer. If one is male and of a certain age, the word might bring to the surface suppressed memories of the all-nighters and arcana associated with Dungeons & Dragons. And, if one is a justice of the Supreme Court of the United States, one’s thoughts might turn to the checking account of St. Jerome Catholic School in Cleveland.
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Brigham Young University Journal of Public Law
No abstract provided.
The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison
The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
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.
Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan
Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan
Villanova Law Review (1956 - )
No abstract provided.
Church, State, And The Practice Of Love, Richard W. Garnett
Church, State, And The Practice Of Love, Richard W. Garnett
Villanova Law Review (1956 - )
No abstract provided.
The Constitution, The Courts And The Common Law, Robert A. Sedler
The Constitution, The Courts And The Common Law, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Pluralism, Dialogue, And Freedom: Professor Robert Rodes And The Church-State Nexus, Richard W. Garnett
Pluralism, Dialogue, And Freedom: Professor Robert Rodes And The Church-State Nexus, Richard W. Garnett
Journal Articles
The idea of church-state separation and the image of a wall are at the heart of nearly every citizen's and commentator's thinking about law and religion, and about faith and public life. Unfortunately, the inapt image often causes great confusion about the important idea. What should be regarded as an important feature of religious freedom under constitutionally limited government too often serves simply as a slogan, and is too often employed as a rallying cry, not for the distinctiveness and independence of religious institutions, but for the marginalization and privatization of religious faith.
How, then, should we understand church-state separation? …
Church, State, And The Practice Of Love, Richard W. Garnett
Church, State, And The Practice Of Love, Richard W. Garnett
Journal Articles
In his first encyclical letter, Deus caritas est, Pope Benedict XVI describes the Church as a community of love. In this letter, he explores the organized practice love by and through the Church, and the relationship between this practice, on the one hand, and the Church's commitment to the just ordering of the State and society, on the other. God is love, he writes. This paper considers the implications of this fact for the inescapably complicated nexus of church-state relations in our constitutional order.
The specific goal for this paper is to draw from Deus caritas est some insight into …
Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett
Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett
Journal Articles
What role do religious communities, groups, and associations play - and, what role should they play - in our thinking and conversations about religious freedom and church-state relations? These and related questions - that is, questions about the rights and responsibilities of religious institutions - are timely, difficult, and important. And yet, they are often neglected.
It is not new to observe that American judicial decisions and public conversations about religious freedom tend to focus on matters of individuals' rights, beliefs, consciences, and practices. The special place, role, and freedoms of groups, associations, and institutions are often overlooked. However, if …
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
Faculty Scholarship
In the recent Decalogue Cases, Justice Scalia argued that when it comes to public acknowledgment of religious belief, it is entirely clear from our Nation's historical practices that the Establishment Clause permits th[e] disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists. Justice Scalia's argument represents the latest attempt to insulate American civil religion from Establishment Clause attack. A civil religion is a set of nondenominational values, symbols, rituals, and assumptions which create both reverence of national history and formation of a communal national bond.
The most recent incarnation of American civil …
How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt
How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt
Faculty Scholarship
As one of four contributors to an issue celebrating Christopher Eisgruber and Lawrence Sager's Religious Freedom and the Constitution, I have chosen to write an Essay that differs from an ordinary review. I compare the authors' approach with two other recent formulations of what should be central for the jurisprudence of the Religion Clauses. Since I have recently published my own treatment of the Free Exercise Clause, and a second volume on the Establishment Clause is in the pipeline toward publication, I do not here present my own positive views (though I provide references for interested readers). Those views …
The Charitable Choice Program And The Lown Case: A Reasonable Solution, Matthew Strabone
The Charitable Choice Program And The Lown Case: A Reasonable Solution, Matthew Strabone
Buffalo Public Interest Law Journal
No abstract provided.
The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination In Education, Kenneth L. Marcus
The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination In Education, Kenneth L. Marcus
Nevada Law Journal
No abstract provided.
Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment, Elijah L. Milne
Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment, Elijah L. Milne
Journal of Food Law & Policy
Like all religions, Islam needs protection from governmental encroachment. As early as 1644, Roger Williams, the founder of Rhode Island, recognized that state involvement in religious matters defiles religion. "When they have opened a gap in the hedge or wall of separation between the garden of [religion] and the wilderness of the world," wrote Williams, "God hath ever broke down the wall itself, removed the candlestick, and made His garden a wilderness ... ." Although Williams was mostly concerned about the government's impact on Christianity, his oft-quoted metaphor applies equally to the government's influence on Islam. This Article will discuss …
The Court's Purpose: Secular Or Anti-Strife?, Bernadette Meyler
The Court's Purpose: Secular Or Anti-Strife?, Bernadette Meyler
Cornell Law Faculty Publications
No abstract provided.
The Equal Protection Of Free Exercise: Two Approaches And Their History, Bernadette Meyler
The Equal Protection Of Free Exercise: Two Approaches And Their History, Bernadette Meyler
Cornell Law Faculty Publications
Contrary to critics of the Supreme Court's current equal protection approach to religious liberty, this Article contends that, from the very first federal free exercise cases, the Equal Protection and Free Exercise Clauses have been mutually intertwined. The seeds of an equal protection analysis of free exercise were, indeed, planted even before the Fourteenth Amendment within the constitutional jurisprudence of the several states. Furthermore, this Article argues, equal protection approaches should not be uniformly disparaged. Rather, the drawbacks that commentators have observed result largely from the Supreme Court's application of an inadequate version of equal protection. By ignoring the lessons …
Islamic Arbitration: A New Path For Interpreting Islamic Legal Contracts, Charles P. Trumbull
Islamic Arbitration: A New Path For Interpreting Islamic Legal Contracts, Charles P. Trumbull
Vanderbilt Law Review
Muslims living in a secular, liberal democratic state face a fundamental dilemma: reconciling the obligation to live according to Shari'a with their civic duty to follow secular laws. Muslims attempt to resolve this dilemma in a number of ways. Some enter public office and try to influence the generally applicable laws of their country. Others advocate greater legal pluralism, thus allowing Muslims to settle certain disputes under Islamic law. In Canada, for example, the Islamic Institute for Civil Justice ("IICJ") announced plans to create Shari'a tribunals and claimed that it would begin arbitrating family and commercial disputes according to Islamic …
Establishment Clause Jurisprudence And The Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument For The Constitutionality Of God In The Public Square, Carolyn A. Deverich
Establishment Clause Jurisprudence And The Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument For The Constitutionality Of God In The Public Square, Carolyn A. Deverich
BYU Law Review
No abstract provided.