Author:
Publisher:
ISBN:
Category : Church and state
Languages : en
Pages : 514

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 136

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Author: Samuel J. Levine
Publisher:
ISBN:
Category :
Languages : en
Pages : 15

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Book Description
Although the current state of the United States Supreme Court's Religion Clause jurisprudence is an area of considerable complexity, the Court's approach is largely premised upon a number of basic underlying principles and doctrines. This Symposium issue explores an underlying principle of the Supreme Court's current Religion Clause jurisprudence, the Court's hands-off approach to questions of religious practice and belief. The Symposium is based on the program of the Law and Religion Section at the 2008 Annual Meeting of the Association of American Law Schools, in which a panel of leading scholars was asked to evaluate the Court's approach. The program description invited a variety of modes of analysis, ranging from descriptive considerations of the extent to which the Court's doctrine can, indeed, be characterized as hands-off, to normative justifications for - and critiques of - the Court's approach, to more practical and consequentialist arguments supporting or opposing the Court's position. Taken together, the essays in this Symposium demonstrate wide areas of disagreement among scholars as to both the conceptual underpinnings and the normative and policy justifications for the Supreme Court's hands-off approach to questions of religious practice and belief. In addition, there appears to be a correlation between scholars' views toward the hands-off approach and their broader attitudes toward the function of religion and the Religion Clauses in the context of American society. To the extent that the Court likewise premises its hands-off approach upon a more general Religion Clause jurisprudence, it remains to be seen whether, along with changes in other areas of Religion Clause doctrine, the Supreme Court might rethink both the conceptual and substantive components of the hands-off approach.

Author: Elizabeth Eddy
Publisher: Routledge
ISBN: 1351493876
Category : Law
Languages : en
Pages : 128

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Book Description
There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.

Author: Brian Tierney
Publisher: University of Toronto Press
ISBN: 9780802067012
Category : Religion
Languages : en
Pages : 228

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From the Introduction: We need not be surprised, then, that in the Middle Ages also there were rulers who aspired to supreme political and temporal power. The truly exceptional thing is that in medieval times there were always at least two claimants to the role, each commanding a formidable apparatus of government, and that for century after century neither was able to dominate the other completely, so that the duality persisted, was eventually rationalized in works of political theory and ultimately built into the structure of European society. This situation profoundly influenced the development of Western constitutionalism.

Author: Mark P. Strasser
Publisher: Routledge
ISBN: 1351258540
Category : Law
Languages : en
Pages : 348

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Book Description
The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic. This book attempts to clarify what the Court has said in the hopes that it will contribute to the development of a more consistent and principled jurisprudence that respects the rights of the religious and the non-religious.

Author: Philip B. Kurland
Publisher:
ISBN:
Category : Church and state
Languages : en
Pages : 124

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Author: Holly Fernandez Lynch
Publisher: Cambridge University Press
ISBN: 1107164885
Category : Law
Languages : en
Pages : 451

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Book Description
This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.

Author: Ronald Bruce Flowers
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1224

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Book Description
It is clear, relevant, and an essential text for the twenty-first century.

Author: Winnifred Fallers Sullivan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 248

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Book Description
. Through her analysis of the Supreme Courts opinions, Sullivan reveals distinct and divergent American understandings of the nature of religion, the role of religion in public life, and the relationship and interaction of law and religion. Each of the different discourses about religion represented in the Lynch opinions inadequately represents the nature and diversity of American religions and thus hinders a shared discussion of the First Amendment religion clauses.