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Religion Law Commons

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Full-Text Articles in Religion Law

Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley Oct 2013

Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Litigating Religion, Michael A. Helfand Dec 2012

Litigating Religion, Michael A. Helfand

Michael A Helfand

This article considers how parties should resolve disputes that turn on religious doctrine and practice – that is, how people should litigate religion. Under current constitutional doctrine, litigating religion is generally the task of two types of religious institutions: first, religious arbitration tribunals, whose decisions are protected by arbitration doctrine, and religious courts, whose decision are protected by the religion clauses. Such institutions have been thrust into playing this role largely because the religion clauses are currently understood to prohibit courts from resolving religious questions – that is, the “religious question” doctrine is currently understood to prohibit courts from litigating …


Standing On Holy Ground: How Rethinking Justiciability Might Bring Peace To The Establishment Clause, John M. Bickers Jan 2011

Standing On Holy Ground: How Rethinking Justiciability Might Bring Peace To The Establishment Clause, John M. Bickers

John M. Bickers

The Establishment Clause is home to both procedural and substantive disorder. Particularly in evaluating religious speech by the government, the Supreme Court applies any of a number of distinct tests, with varying degrees of strictness. At the same time, the Court has articulated a series of requirements necessary for a plaintiff to have standing to challenge government action, only to ignore them in government religious speech cases. The resulting lack of clarity leaves lower courts to their own devices in endeavoring to calm increasingly intense struggles. This article sets out a theory that altering one of these problems can correct …


A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn Jan 2011

A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn

Wilson R. Huhn

Lincoln’s use of biblical imagery in seven of his works: the Peoria Address, the House Divided Speech, his Address at Chicago, his Speech at Lewistown, the Word Fitly Spoken fragment, the Gettysburg Address, and the Second Inaugural. Lincoln uses biblical imagery to express the depth of his own conviction, the stature of the founders of this country, the timeless and universal nature of the principles of the Declaration, and the magnitude of our moral obligation to defend those principles. Lincoln persuaded the American people to embrace the standard “all men are created equal” and to make it part of our …


Isn't That Unconstitutional? Religion And Professional Life, Amelia J. Uelmen Jan 2004

Isn't That Unconstitutional? Religion And Professional Life, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.