Religion Law Commons^™

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

BYU Law Review

No abstract provided.

"Omalous" Autonomy, Perry Dane

BYU Law Review

No abstract provided.

Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler

BYU Law Review

No abstract provided.

Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko

BYU Law Review

No abstract provided.

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

BYU Law Review

No abstract provided.

An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston

BYU Law Review

No abstract provided.

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.

David B. Heard Re: Permanent Review Board And Judge Anna Martinez, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

The Iceberg Of Religious Freedom: Subsurface Levels Of Nonestablishment Discourse, Steven Douglas Smith

University of San Diego Public Law and Legal Theory Research Paper Series

This article discusses three levels of disagreement in establishment clause discourse– or what may be called the “lawyerly,” the “constitutive” (or “culture wars”), and the “philosophical” (or perhaps the “theological”) levels. Disagreement at the first of these levels is everywhere apparent in the way lawyers and justices and scholars write and argue; disagreement at the second level is somewhat less obtrusive but still easily discernible; disagreement at the third level is almost wholly beneath the surface. The manifest indeterminacy of lawyerly arguments suggests that in this area, premises are more likely to be derived from favored conclusions, not the other …

Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller

ExpressO

Locke v. Davey is an exemplar of the new generation of Establishment clause cases that, particularly in Zelman v. Simmons-Harris, have written into law a safe harbor, private choice, for governmental benefits that find their way into the coffers of religious institutions in amounts that are neither incidental nor trivial. In Locke the options presented in the private choice arguably infringed upon Free Exercise rights-- the dilemma that gives rise to the title of this article. Over the vigorous dissent of Justice Scalia, the Locke Court’s analysis of the permissibility of the conditioned benefit was based upon the argument that …

Timeline Of Fr. Clive Lynn, Hall & Monagle, Llc

Timelines

No abstract provided.

Letter From David B. Heard To Attorney Luis G. Stelzner [Draft?], Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Letter From David B. Heard To Attorney Luis G. Stelzner: Recieved, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin

Cornell Law Faculty Publications

Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …

Three Concepts Of Church Autonomy, Ronald R. Garet

BYU Law Review

No abstract provided.

The Death Penalty As Delineated By The Old Testament: From Adam And Eve To Cain And Abel To Noah And The Flood To Abraham And Sodom To Moses And The Ten Commandments, Biblical Passages Trace The Roots For How Modern Society Deals With The Execution Of Killers, Robert Blecker

Other Publications

No abstract provided.

Introduction, Kevin J. Worthen

BYU Law Review

No abstract provided.

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

BYU Law Review

No abstract provided.

The Autonomy Of Church And State, Brett G. Scharffs

BYU Law Review

No abstract provided.

Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet

BYU Law Review

No abstract provided.

The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg

BYU Law Review

No abstract provided.

More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey

BYU Law Review

No abstract provided.

Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck

BYU Law Review

No abstract provided.

Memorandum From Sr. Nancy Kazik Re: Fr. Ronald L. Bruckner, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.

Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Letter From David B. Heard To Abp. Michael J. Sheehan, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Letter From David B. Heard To Abp. Michael J. Sheehan, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Introduction, Brett G. Scharffs

BYU Law Review

No abstract provided.

The Establishment Clause Gag Reflex, Frederick Mark Gedicks

BYU Law Review

Some outcomes of Establishment Clause cases are better defended on realist rather than doctrinal grounds - that is, not on the basis of supposedly neutral principles, but by reference to some assessment of the kinds of church-state interactions that most Americans would tolerate. I call this the Establishment Clause gag reflex.

A constitutional gag reflex refers to the instinctive intellectual revulsion one might feel in response to the doctrine or holding of a case. For example, a contemporary judicial decision countenancing permanent denial of citizenship to racial minorities, or that denied to such minorities liberty or equality rights enjoyed by …