…religious doctrine or belief, secular courts ought generally to take a back seat and let religious authorities decide the issue. (The principle that courts should defer to religious authorities when…
“Johnson v. M’Intosh and the Missing Cover of the Jigsaw Puzzle” by Steven Newcomb
…Supreme Court ruled in favor of the Yakama Nation on the basis of its 1855 treaty. And although the Court’s decision was not based on the amicus brief, the majority…
“COVID-19 Vaccines v. Conscientious Objections in the Workplace: How to Prevent a New Catch-22” by Adelaide Madera
…Jacobson v. Massachusetts, where the Supreme Court held that individual liberties can be affected when a serious health crisis rises and that public well-being must be prioritized. In Jacobson, not…
“Public Health, Public Trust, and Faith Communities” by Michael J. DeBoer
…reviewing another challenge to California’s restrictions, the Supreme Court recently observed in Ritesh Tandon that “[t]his is the fifth time the Court has summarily rejected the Ninth Circuit’s analysis of…
“Aiton Court” by Brendan Hart and Yasmin Mayat
…ActStop, an organization set up to fight or delay evictions, made it costly and inconvenient for the government. Eventually a 1982 Supreme Court ruling against the state made eviction without…
A Religious “Delaware”: Establishing a State Haven for Religious Corporations by Ian Speir
…court system—the Court of Chancery—dedicated to Delaware corporate law and staffed by judges with specialized expertise. Commentators often single out the Chancery Court as the most important factor in Delaware’s…
“Land is Kin” by Dana Lloyd
…paradigmatic property. At the time of writing this book, a case of this kind is making its way through the federal court system. Various Apache peoples are asking the court…
“Johnson v. M’Intosh, Plenary Power, and Our Colonial Constitution” by Alexandra Fay
…tribal land, Cherokee Nation petitioned the Supreme Court, asking for federal intervention. This petition relied on the Court’s authority to hear original cases between foreign states and states in the…
“COVID-19 and Religious Liberty” by Perry Dane
…at the behest of the government. But some resisted, surreptitiously or openly, and others have challenged closing orders in court. American courts, including the Supreme Court, have produced conflicting opinions…
“Who Arbitrates? Arbitrator Qualification Clauses in Religious Arbitration Agreements” by Michael A. Helfand
…constitute arbitration.” In addition, this sort of lack of neutrality might also support a court’s refusal to enforce an arbitration provision on unconscionability grounds. Finally, courts can vacate an arbitration…