Regulating Religion: The Courts and the Free Exercise Clause

Sprednja platnica
Oxford University Press, 29. mar. 2001 - 288 strani
Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.
 

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Vsebina

Introduction
3
Legislation or the Free Exercise Clause?
6
2 The Process of Casuistry
39
Typologies of the Relationship between Conscience and the State
48
4 The Religiously Encumbered Self
99
5 Societal Boundaries Paranoia and Ill Humor and the Role of the Courts under the Free Exercise Clause
109
6 A Critique of the Courts Free Exercise Clause Jurisprudence in the US Supreme Court Case of Employment Division
118
7 Governmental Intervention in and Punishment for the Use of Spiritual Healing Methods
149
A Summary and Some Conclusions
186
Notes
189
Index
267
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