…Tylenol, Tums, Aspirin, and Benadryl. State courts and the U.S. Supreme Court were spotlighted during the latter part of 2021 in the fight over religious exemptions. When bothMaine and the…
“RFRA and the New Thoreaus” by Mark L. Movsesian
…RFRA, itself, the statutory language does not provide clear guidance, but suggests the definition of religion should track the definition of religion for constitutional purposes. As the Supreme Court explained…
“The Problems with Using Holy Objects in Criminal Investigation” by Matthew P. Cavedon
…courts do not routinely give the thumbs-up to officers who stop and search people based on their holy objects. But such items do register, however weakly, on courts’ suspicion radars….
“Reflections on Fratelli tutti: Something Old, Something New, Much Ado about Not too Much” by Charles J. Russo
…Chair in Education & Director, Ph.D. Program in Educational Leadership, School of Education and Health Sciences, Research Professor of Law, School of Law, University of Dayton, USA. Russo is also…
“The Conscience Rights of Health Care Professionals Under the Affordable Health Care Act and its Regulations: An Emerging Controversy” by Charles J. Russo
…of Education in the School of Education and Health Sciences (SEHS), Director of SEHS’s Ph.D. Program in Educational Leadership, and Research Professor of Law in the School of Law at…
“When a Constitutional Democracy Meets Islam: The Italian Case” by Francesco Alicino
…the Constitutional Court has called the “genus” and the “species” of Italy’s supreme principle of secularism: the genus is cultural and religious pluralism, which is an essential part of the…
“The Impact of Coronavirus on Public Funding of Religious Organizations” by Adelaide Madera
…sex” of Title VII resulted in the Supreme Court’s inclusion of gender identity and sexual orientation under the protection offered by Title VII. Also, the Interim Final Rule exempted faith-based…
“Proclaim Liberty Throughout All the Land: Christianity and the Creation of the American Republic” by Mark David Hall
…the Supreme Court could strike down an act of Congress if it violated natural law.27Scott Douglas Gerber, ed.,Seriatim: The Early Supreme Court(New York: New York University Press, 1998). Wilson followed Aquinas…
“Selling Religious Cures and Other First Amendment Pitfalls in the Age of Coronavirus” by Shlomo Pill
…political speech. In 1980 the Supreme Court decided Central Hudson Gas and Electric Corp. v. Public Service Commission of New York and ruled that commercial speech that is false or…
“There is no First Amendment Exemption in Contracts Generally or in the Federal Arbitration Act: It Would Be Poor Policy (and Maybe Unconstitutional) to Have One” by Michael J. Broyde
…is inconsistent with the Constitution, Federal law, and common sense. It is inconsistent with the Constitution because the Supreme Court has directed us many times that religious and secular institutions…