Cutter V Wilkinson 2005

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Defending American Religious Neutrality

Author : Andrew Koppelman
Publisher : Harvard University Press
ISBN 13 : 0674071077
Total Pages : 316 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Defending American Religious Neutrality by : Andrew Koppelman

Download or read book Defending American Religious Neutrality written by Andrew Koppelman and published by Harvard University Press. This book was released on 2013-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.

Enforcing Religious Freedom in Prison

Author : United States Commission on Civil Rights
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Enforcing Religious Freedom in Prison by : United States Commission on Civil Rights

Download or read book Enforcing Religious Freedom in Prison written by United States Commission on Civil Rights and published by . This book was released on 2008 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.

Reed V. Faulkner

Author :
Publisher :
ISBN 13 :
Total Pages : 102 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis Reed V. Faulkner by :

Download or read book Reed V. Faulkner written by and published by . This book was released on 1987 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Federal Preemption of State and Local Law

Author : James T. O'Reilly
Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly

Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Prisoners' Self-help Litigation Manual

Author : James L. Potts
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (173 download)

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Book Synopsis Prisoners' Self-help Litigation Manual by : James L. Potts

Download or read book Prisoners' Self-help Litigation Manual written by James L. Potts and published by . This book was released on 1976 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

In Re Young

Author :
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis In Re Young by :

Download or read book In Re Young written by and published by . This book was released on 1998 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Woods V. City of Chicago

Author :
Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis Woods V. City of Chicago by :

Download or read book Woods V. City of Chicago written by and published by . This book was released on 2000 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Seceding from Secession

Author : Eric J. Wittenberg
Publisher : Savas Beatie
ISBN 13 : 1611215072
Total Pages : 290 pages
Book Rating : 4.6/5 (112 download)

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Book Synopsis Seceding from Secession by : Eric J. Wittenberg

Download or read book Seceding from Secession written by Eric J. Wittenberg and published by Savas Beatie. This book was released on 2020-06-09 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.

Prisoners' Self-help Litigation Manual

Author : John Boston
Publisher : Oxford University Press, USA
ISBN 13 : 0195374401
Total Pages : 949 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Prisoners' Self-help Litigation Manual by : John Boston

Download or read book Prisoners' Self-help Litigation Manual written by John Boston and published by Oxford University Press, USA. This book was released on 2010 with total page 949 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation, types of legal remedies, and how to effectively use those remedies.

The Spirit of the Law

Author : Sarah Barringer Gordon
Publisher : Harvard University Press
ISBN 13 : 9780674046542
Total Pages : 358 pages
Book Rating : 4.0/5 (465 download)

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Book Synopsis The Spirit of the Law by : Sarah Barringer Gordon

Download or read book The Spirit of the Law written by Sarah Barringer Gordon and published by Harvard University Press. This book was released on 2010-04-30 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author explores the interaction between the Constitution and religious practices in public life. School prayer, religion in prison, and same-sex marriages have created controversies challenging the Supreme Court and the nature of laws regarding religion. The author addresses such issues to trace the relationship between church and state.

Religion and the State in American Law

Author : Boris I. Bittker
Publisher : Cambridge University Press
ISBN 13 : 1316381137
Total Pages : 1001 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Religion and the State in American Law by : Boris I. Bittker

Download or read book Religion and the State in American Law written by Boris I. Bittker and published by Cambridge University Press. This book was released on 2015-10-06 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion and the State in American Law provides a comprehensive and up-to-date overview of religion and government in the United States, from historical origins to modern laws and rulings. In addition to extensive coverage of the religion clauses of the First Amendment, it addresses many statutory, regulatory, and common-law developments at both the federal and state levels. Topics include the history of church-state relations and religious liberty, religion in the classroom, and expressions of religion in government. This book also covers the role of religion in specific areas of law such as contracts, taxation, employment, land use regulation, torts, criminal law, and domestic relations as well as in specialized contexts such as prisons and the military. Accessible to the general as well as the professional reader, this book will be of use to scholars, judges, practising lawyers, and the media.

The Contested Place of Religion in Family Law

Author : Robin Fretwell Wilson
Publisher : Cambridge University Press
ISBN 13 : 1108278876
Total Pages : 987 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Contested Place of Religion in Family Law by : Robin Fretwell Wilson

Download or read book The Contested Place of Religion in Family Law written by Robin Fretwell Wilson and published by Cambridge University Press. This book was released on 2018-05-31 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.

Limits of Constraint

Author : James B. Staab
Publisher : University Press of Kansas
ISBN 13 : 0700633308
Total Pages : 464 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Limits of Constraint by : James B. Staab

Download or read book Limits of Constraint written by James B. Staab and published by University Press of Kansas. This book was released on 2022-08-19 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adherents of originalism often present it as a theory that constrains legal decision-making in a clear and objective manner that is based on the text and original meaning of the Constitution, in contrast to the supposedly subjective and “activist” jurisprudence of those who promote a living Constitution. But originalists have not had the same views on constitutional issues, calling into question the theory of originalism. Limits of Constraint examines the originalist jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas, showing that three of the Court’s originalists have arrived at different conclusions in many constitutional areas. While the starkest contrast is between Justice Black and Justices Scalia and Thomas, even the latter two justices have disagreed on several key issues, including executive power and the administrative state. James Staab shows that originalism in actual practice does not deliver on its promise of an objective jurisprudence free of personal philosophy and discretion. Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas. If the analysis of this book is correct—that is, the results reached by Justices Black, Scalia, and Thomas are divergent across a wide array of constitutional areas—then originalism promises more than it can deliver. One of the fundamental claims made by originalists is that their theory of constitutional interpretation limits judicial discretion, but originalism does not constrain judicial behavior as much as its defenders claim.

Exemptions

Author : Kent Greenawalt
Publisher : Harvard University Press
ISBN 13 : 0674659872
Total Pages : 287 pages
Book Rating : 4.6/5 (746 download)

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Book Synopsis Exemptions by : Kent Greenawalt

Download or read book Exemptions written by Kent Greenawalt and published by Harvard University Press. This book was released on 2016-04-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should laws apply to everyone, or should some people be exempt because of conflicting religious or moral convictions? Through a close study of several cases, from abortion to taxes, Kent Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law.

Constitutional Law for a Changing America

Author : Lee Epstein
Publisher : CQ Press
ISBN 13 : 1071879030
Total Pages : 1459 pages
Book Rating : 4.0/5 (718 download)

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Book Synopsis Constitutional Law for a Changing America by : Lee Epstein

Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by CQ Press. This book was released on 2023-10-10 with total page 1459 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Excellent balance of case excerpts and author explanation, highly appropriate for undergraduate students." —Dr. Wendy Brame, Briar Cliff University Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to shape the development of constitutional doctrine. Drawing from political science as much as from legal studies, Constitutional Law for a Changing America: A Short Course helps students realize that Supreme Court cases are more than just legal names and citations. With meticulous revising, the authors streamline material while accounting for recent landmark cases and new scholarship. Ideal for a one semester course, the Ninth Edition of A Short Course offers all the hallmarks of the Rights and Powers volumes (also included in the Constitutional Law for a Changing America series) in a more condensed format. Included with this title: LMS Cartridge: Import this title’s instructor resources into your school’s learning management system (LMS) and save time. Don’t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Learn more.

Religious Exemptions

Author : Kevin Vallier
Publisher : Oxford University Press
ISBN 13 : 0190666188
Total Pages : 329 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Religious Exemptions by : Kevin Vallier

Download or read book Religious Exemptions written by Kevin Vallier and published by Oxford University Press. This book was released on 2018 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

International Perspectives on Education, Religion and Law

Author : Charles J Russo
Publisher : Routledge
ISBN 13 : 1135019908
Total Pages : 242 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis International Perspectives on Education, Religion and Law by : Charles J Russo

Download or read book International Perspectives on Education, Religion and Law written by Charles J Russo and published by Routledge. This book was released on 2014-06-05 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the legal status of religion in education, both public and non-public, in the United States and seven other nations. It will stimulate further interest, research, and debate on comparative analyses on the role of religion in schools at a time when the place of religion is of vital interest in most parts of the world. This interdisciplinary volume includes chapters by leading academicians and is designed to serve as a resource for researchers and educational practitioners, providing readers with an enhanced awareness of strategies for addressing the role of religion in rapidly diversifying educational settings. There is currently a paucity of books devoted solely to the topic written for interdisciplinary and international audiences involving educators and lawyers, and this book will clarify the legal complexities and technical language among the law, education, and religion.