Open Access. Powered by Scholars. Published by Universities.®

Religion Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 3435

Full-Text Articles in Religion Law

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer Sep 2019

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

James G Dwyer

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers ...


Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer Sep 2019

Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer

James G Dwyer

No abstract provided.


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Sep 2019

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Vivian E. Hamilton

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Sep 2019

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Religion In The Public Square, Davison M. Douglas Sep 2019

Religion In The Public Square, Davison M. Douglas

Davison Douglas

No abstract provided.


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley Aug 2019

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Richard M. Buxbaum

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their ...


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley Aug 2019

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Robert Bartlett

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their ...


Where's The Beef?, Stanley Fish Aug 2019

Where's The Beef?, Stanley Fish

Stanley Fish

A key concern of the papers written for this conference is the relationship between religious beliefs and secular beliefs of the kind that carry with them deep ethical obligations. Are these systems of belief essentially the same or are they different in important respects? The question is typically posed abstractly, and I thought it might be useful to have before us an example of religious belief and the demands that attend it. The example is taken from the beginning of John Bunyan’s The Pilgrim’s Progress. Christian, Bunyan’s protagonist, has suddenly become aware that his salvation is imperiled ...


Establishment Of Religion Supreme Court Appellate Division Third Department Jul 2019

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


An Introduction To The Conference With The Dalai Lama On Law, Buddhism, And Social Change, Rebecca R. French Jul 2019

An Introduction To The Conference With The Dalai Lama On Law, Buddhism, And Social Change, Rebecca R. French

Rebecca Redwood French

No abstract provided.


Limitations On Religious Rights: Problematizing Religious Freedom In The African Context, Makau Wa Mutua Jul 2019

Limitations On Religious Rights: Problematizing Religious Freedom In The African Context, Makau Wa Mutua

Makau Mutua

No abstract provided.


Religious Human Rights In Global Perspective, Isabel Marcus Jul 2019

Religious Human Rights In Global Perspective, Isabel Marcus

Isabel Marcus

Book review of Johan van der Vyver & John Witte, Jr.'s Religious human Rights in Global Perspective


What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders Jul 2019

What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders

Georgia Journal of International & Comparative Law

No abstract provided.


Prophesy, Public Theology, And Questions Of Justice: Some Modest Reflections, Barry Sullivan Jul 2019

Prophesy, Public Theology, And Questions Of Justice: Some Modest Reflections, Barry Sullivan

Barry Sullivan

No abstract provided.


Copyright, Fair Use, And Religious Liberty, Samuel Courtney Jul 2019

Copyright, Fair Use, And Religious Liberty, Samuel Courtney

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Masterpiece Cakeshop And The Future Of Religious Freedom, Mark L. Movsesian Jul 2019

Masterpiece Cakeshop And The Future Of Religious Freedom, Mark L. Movsesian

Faculty Publications

Last term, the Supreme Court decided Masterpiece Cakeshop, one of several recent cases in which religious believers have sought to avoid the application of public accommodations laws that ban discrimination on the basis of sexual orientation. The Court’s decision was a narrow one that turned on unique facts and did relatively little to resolve the conflict between anti-discrimination laws and religious freedom. Yet Masterpiece Cakeshop is significant, because it reflects broad cultural and political trends that drive that conflict and shape its resolution: a deepening religious polarization between the Nones and the Traditionally Religious; an expanding conception of equality ...


The Locke Exception: What Trinity Lutheran Means For The Future Of State Blaine Amendments, Christopher Tyler Prosser Jun 2019

The Locke Exception: What Trinity Lutheran Means For The Future Of State Blaine Amendments, Christopher Tyler Prosser

Pepperdine Law Review

At its core, this Article is about whether states have the discretion to discriminate against religious organizations by excluding them from generally available secular government aid programs. In the wake of the Supreme Court’s 2004 decision in Locke v. Davey, the federal courts have developed conflicting interpretations of whether the Court’s holding in Locke permits states to exclude religious organizations from generally available secular aid programs. However, the Court’s 2017 decision in Trinity Lutheran v. Comer has cast doubt on the ability of states to exclude religious organizations from such programs and seemingly restricts the Court’s ...


Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison Jun 2019

Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison

Pepperdine Law Review

In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an altered proof framework for plaintiffs seeking an accommodation. The paper also explores the conflict between employee privacy rights and classic proof requirements for religious sincerity. The lower courts have largely failed to apprehend the change mandated by Abercrombie, with the result that their opinions are in disarray. The paper includes a chart organizing the diverse lower court opinions.


Native American Religious Accommodations, National Parks, And The Cutter Test, James Dohnalek Jun 2019

Native American Religious Accommodations, National Parks, And The Cutter Test, James Dohnalek

University of St. Thomas Law Journal

No abstract provided.


Religious Freedom And The Federal Executive Branch: Suggestions For Future Administrations, Melissa Rogers Jun 2019

Religious Freedom And The Federal Executive Branch: Suggestions For Future Administrations, Melissa Rogers

University of St. Thomas Law Journal

No abstract provided.


The Paradox Of The Black Church And Religious Freedom, Jacqueline C. Rivers Jun 2019

The Paradox Of The Black Church And Religious Freedom, Jacqueline C. Rivers

University of St. Thomas Law Journal

No abstract provided.


Ten Reasons We Need Rigorous Research On Effective Compassion, Byron R. Johnson Jun 2019

Ten Reasons We Need Rigorous Research On Effective Compassion, Byron R. Johnson

University of St. Thomas Law Journal

No abstract provided.


America's Founders, Religious Liberty, And The Common Good, Mark David Hall Jun 2019

America's Founders, Religious Liberty, And The Common Good, Mark David Hall

University of St. Thomas Law Journal

No abstract provided.


The Earthly Good Of Being Heavenly Minded: The Economic Value Of Us Religion, Brian J. Grim Jun 2019

The Earthly Good Of Being Heavenly Minded: The Economic Value Of Us Religion, Brian J. Grim

University of St. Thomas Law Journal

No abstract provided.


Promises, Practices, And Consequences Of Religious Freedom: A Global Overview, Roger Finke, Dane R. Mataic Jun 2019

Promises, Practices, And Consequences Of Religious Freedom: A Global Overview, Roger Finke, Dane R. Mataic

University of St. Thomas Law Journal

No abstract provided.


Catholic Thought On The Common Good: A Place For Establishment Clause Limits To Religious Exercise, Angela C. Carmella Jun 2019

Catholic Thought On The Common Good: A Place For Establishment Clause Limits To Religious Exercise, Angela C. Carmella

University of St. Thomas Law Journal

No abstract provided.


The Common Good Requires Robust Institutional Religious Freedom, Stanley Carlson-Thies Jun 2019

The Common Good Requires Robust Institutional Religious Freedom, Stanley Carlson-Thies

University of St. Thomas Law Journal

No abstract provided.


Religious Freedom And The Common Good: A Summary Of Arguments And Issues, Thomas C. Berg Jun 2019

Religious Freedom And The Common Good: A Summary Of Arguments And Issues, Thomas C. Berg

University of St. Thomas Law Journal

No abstract provided.


Legislative Prayer: Historical Tradition And Contemporary Issues, Chad West Jun 2019

Legislative Prayer: Historical Tradition And Contemporary Issues, Chad West

Utah Law Review

The Establishment Clause of the First Amendment provides that “Congress shall make no law respecting an establishment of religion . . . .”1 There is a great deal of confusion among scholars, lower federal courts, and the Justices of the Supreme Court over appropriate Establishment Clause principles,2 but it is at least clear that the government “may not coerce anyone to support or participate in religion or its exercise, or otherwise act in a way which establishes a state religion or religious faith, or tends to do so.”3 It has long been settled that state and local legislative bodies may, in ...


Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos Jun 2019

Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos

University of Michigan Journal of Law Reform

The following is a transcription of an interview with Professor Khaled Beydoun, conducted at the University of Michigan Law School on March 15, 2019. The transcript has been lightly edited for clarity.