Topic
First Amendment: Religion
Posts
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ArticleVol. 97 · Iss. 6
Reconsidering Hostile Takeover of Religious Organizations
Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. What…
B. Jessie Hill -
ArticleVol. 97 · Iss. 6
‘The Peculiar Genius of Private-Law Systems’: Making Room for Religious Commerce
Religious commerce has long sat uncomfortably at the nexus of public law and private law. On the one hand, such transactions invariably have garden-variety commercial objectives,…
Michael A. Helfand -
ArticleVol. 97 · Iss. 6
What Is a “Substantial Burden” on Religion Under RFRA and the First Amendment?
What is the meaning of a “substantial burden” on religion under the federal Religious Freedom Restoration Act (and its state-level equivalents)? This question is timelier than…
Gabrielle M. Girgis -
ArticleVol. 97 · Iss. 6
Crossing Doctrines: Conflating Standing and the Merits Under the Establishment Clause
In American Legion v. American Humanist Ass’n, the Supreme Court upheld the constitutionality of a thirty-two-foot tall Latin cross honoring soldiers killed during World War I…
Ashutosh Bhagwat -
ArticleVol. 97 · Iss. 6
Untangling Entanglement
The Court has increasingly signaled its interest in taking a more historical approach to the Establishment Clause. And in its recent American Legion decision, the Supreme…
Stephanie H. Barclay -
ArticleVol. 97 · Iss. 6
Reconsidering Thornton v. Caldor
Thirty-five years ago, the United States Supreme Court decided Estate of Thornton v. Caldor. Caldor struck down, on Establishment Clause grounds, a Connecticut statute…
Christopher C. Lund -
ArticleVol. 97 · Iss. 6
First Amendment Traditionalism
Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This Essay probes traditionalism’s conceptual…
Marc O. DeGirolami -
ArticleVol. 97 · Iss. 6
Freedom of Association: Campus Religious Groups
On August 15, 1789, the First Congress met to discuss the proposed Bill of Rights. On the agenda for the day was a draft…
Michael W. McConnell -
ArticleVol. 97 · Iss. 6
Taking Stock of the Religion Clauses
After a few decades of relative quiet, the Supreme Court has in recent years focused once again on the religion clauses and related statutes.…
John Inazu -
ArticleVol. 91 · Iss. 3
For-Profit Corporations, Free Exercise, and the HHS Mandate
Under the Patient Protection and Affordable Care Act, most employers must provide their employees with health insurance that covers all FDA-approved contraceptive methods and…
Scott W. Gaylord -
ArticleVol. 90 · Iss. 2
The Lawmaking Family
Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a…
Noa Ben-Asher -
ArticleVol. 89 · Iss. 6
Commentary—How Necessary Is the Right of Assembly?
As a political culture seemingly hard-wired for the full-throated championing of individual rights, we are not quite sure what to do with liberty claims…
Robert K. Vischer