…the outcome of the arbitration, and this empowers state courts to enforce each litigant’s contractual promises–essentially enabling a secular court to enforce the rulings of a religious one. Moreover, religious courts…
“Plessy, Prince, and Me: Law, Religion, and the Quest for Racial Justice” by M. Christian Green
…lights from the text of the U.S. Supreme Court’s Plessy v. Ferguson decision as I was preparing my next lecture for “Law, Religion, and Social Change,” a course that I…
“Life, Liberty, & Vaccines: The Clash between the Coronavirus and Religious Freedom” by Sara Pullen Guercio
…it hard for an individual to prevail on such a claim. Although the test has shifted over the years, the Supreme Court uses the test laid out in Employment Division…
“Seeing like a Church, Seeing like a State: The Church-State Relation in Religious Asylum Adjudications” by Jaeeun Kim
…7th Circuit Court recommends that the court should not be overly obsessed with “the heart of the convert” and “shift the focus […] from Indianapolis [where the petitioner allegedly converted]…
“Haaland v. Brackeen and the Logic of Discovery” by Dana Lloyd
Haaland v. Brackeen and the Logic of Discovery Dana Lloyd Old Supreme Court Chamber by Michael Savidge (CC BY-SA 4.0). This article is part of our “200 Years of Johnson v….
“Last Rights? Death Chamber Chaplains and the Law” by Matthew P. Cavedon
…– meaning his imam could only observe the execution “from an adjoining witness room.” Mr. Ray challenged this policy, but the U.S. Supreme Court denied his appeal, in part because…
“Religious Liberty in a Pandemic: Constitutional Challenges to Mass Gathering Bans” by Caroline Mala Corbin
…to Covid-19 mass gathering bans have eschewed traditional constitutional analysis, arguing that emergency circumstances call for a more deferential review. In support, they cite to the Supreme Court ruling in…
“The Politics of Prayer in Prison” by Andrew Skotnicki
…of the kept. A First Amendment digression Federal courts and the Supreme Court have vacillated over the years on the level of scrutiny that justices employ regarding the Free Exercise…
“Religious Accommodation and its Limits” by Farrah Raza
…claims across jurisdictions are evidence of the importance of this debate. Since the US Supreme Court’s decision in Burwell v Hobby Lobby Stores in 2014, the “exemptions debate” has been…
“Radicalizing Biggar’s ‘What’s Wrong with Rights?'” by Joel Harrison
…curtails the fullness of moral discourse. Within these claims, Biggar develops an institutional criticism. He discusses the Supreme Court of Canada’s decision in Carter v Canada (Attorney-General) that physician-assisted suicide…