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

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 2019 Pepperdine University

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas School of Law

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

University of St. Thomas Law Journal

No abstract provided.


The Thinness Of Catholic Legal Education, A Review Of Robert J. Kaczorowski, Fordham University Law School: A History, John M. Breen, Lee J. Strang 2019 University of St. Thomas, Minnesota

The Thinness Of Catholic Legal Education, A Review Of Robert J. Kaczorowski, Fordham University Law School: A History, John M. Breen, Lee J. Strang

University of St. Thomas Law Journal

No abstract provided.


When Academic Freedom Collides With Religious Liberty Of Religious Universities, Tanner Bean, Robin Fretwell Wilson 2019 University of St. Thomas, Minnesota

When Academic Freedom Collides With Religious Liberty Of Religious Universities, Tanner Bean, Robin Fretwell Wilson

University of St. Thomas Law Journal

No abstract provided.


The Sad Spiritual State Of American Colleges And Universities, Carol M. Swain 2019 University of St. Thomas, Minnesota

The Sad Spiritual State Of American Colleges And Universities, Carol M. Swain

University of St. Thomas Law Journal

No abstract provided.


Mary And Martha: Putting First Things First In A College Education, Michael A. Scaperlanda 2019 University of St. Thomas, Minnesota

Mary And Martha: Putting First Things First In A College Education, Michael A. Scaperlanda

University of St. Thomas Law Journal

No abstract provided.


A Catholic University Approach To Campus Speech: Using Constitutional Academic Freedom To Hold The Tension Of Free Speech, Inclusive Diversity, And University Identity, Sara E. Gross Methner 2019 University of St. Thomas, Minnesota

A Catholic University Approach To Campus Speech: Using Constitutional Academic Freedom To Hold The Tension Of Free Speech, Inclusive Diversity, And University Identity, Sara E. Gross Methner

University of St. Thomas Law Journal

No abstract provided.


The Religious Beliefs, Practices, And Experiences Of Law Professors, James Lindgren 2019 University of St. Thomas, Minnesota

The Religious Beliefs, Practices, And Experiences Of Law Professors, James Lindgren

University of St. Thomas Law Journal

No abstract provided.


A Catholic Perspective On Law School Diversity Requirements, Teresa Stanton Collett 2019 University of St. Thomas

A Catholic Perspective On Law School Diversity Requirements, Teresa Stanton Collett

University of St. Thomas Law Journal

No abstract provided.


Academic Freedom And The Catholic University: An Historical Review, A Conceptual Analysis, And A Prescriptive Proposal, John M. Breen, Lee J. Strang 2019 University of St. Thomas, Minnesota

Academic Freedom And The Catholic University: An Historical Review, A Conceptual Analysis, And A Prescriptive Proposal, John M. Breen, Lee J. Strang

University of St. Thomas Law Journal

No abstract provided.


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