…Did the Court Adhere to Precedent? Some commentators have criticized the Supreme Court for flouting controlling precedent in its Roman Catholic Diocese decision. That precedent is the Court’s 1990 landmark…
“Ceci n’est pas une pipe: The Crucifix in Italian Schools in the Light of Recent Jurisprudence” by Francesco Alicino
…the German, Canadian and Swiss high Courts. These precedents gave the Italian Supreme Court the opportunity to provide a unified mediation among the different (theistic, non-theistic, and atheistic) actors that…
“The Uncertain Good of Overruling Smith” by Gary J. Simson
…the Smith Court’s conception of religious liberty, the Court’s opinion in Hobby Lobby most obviously is in tension with the Smith Court’s view that legislatures, not courts, are the appropriate…
“Espinoza v. Montana Department of Revenue: The Free Exercise Clause Prevails” by Martha McCarthy
Espinoza v. Montana Department of Revenue: The Free Exercise Clause Prevails Martha McCarthy Photo of Supreme Court in Washington, D.C (Creative Commons/Public Domain) The Supreme Court delivered a precedent-setting decision…
“Institutional Erasure: Legal Pluralism in Colonial Egypt” by Samy A. Ayoub
…the first-degree national court in Cairo seeking to compel Maḥmūd to pay her the 6,000 L.E. ordered by the Jewish court’s decision. The court dismissed the case, arguing that the…
“Religious Freedom in Education: A Fundamental, yet Elusive Right” by Charles J. Russo
…entered the American legal lexicon in educational disputes in Justice Black’s opinion for the Supreme Court in Everson v. Board of Education, 330 U.S. 1, 16 (1947), reh’g denied, 330…
“Students with Disabilities in Faith-Based Schools: Public Schools’ Responsibilities under the Individuals with Disabilities Education Act” by Allan G. Osborne, Jr.
…Supreme Court, in Board of Education of Hendrick Hudson Central School District v. Rowley,6458 U.S. 176 (1982). interpreted the law, at the time known as the Education for All Handicapped…
“The Rise and Fall of Church-State Separation” by Damon Mayrl
…with a long-term trend in Supreme Court jurisprudence that reflects a profound shift in the politics of religious education. For at least the past thirty years, the Supreme Court has…
“Carson v. Makin and the Blossoming of Religious Freedom in Education” by Charles J. Russo
…and Religion in Pressing Supreme Court Cases” series. If you’d like to check out other articles in this series, click here. Notwithstanding the fears of the Supreme Court’s critics, who suggest…
“Born of Bigotry, Died in Religious Liberty: The Supreme Court Ends the Blaine Amendments in Empowering Parental Choice” by Charles J. Russo & William E. Thro
…purpose of distribution to non-public education.” the Supreme Court of Montana reversed in favor of the state.11Espinoza, 435 P.3d 603, cert. granted, 139 S. Ct. 2777 (2019). As aptly described…