To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Senator Sheldon Whitehouse's Conservative Judicial Activism: The Politicization of the Supreme Court Under Chief Justice Roberts. Senator Whitehouse (D-RI) writes: A troubling and unmistakable trend has developed over several decades, and accelerated in recent years, of extreme judicial activism within the conservative bloc of Justices on the …
Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground?
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Abner S. Greene's Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground? Professor Greene, who is the Leonard F. Manning Professor at Fordham Law School, writes: The question will always be in the details: How do we evaluate the need for uniform enforcement versus the need for accommodation? To insist on one or the other …
Continue Reading about Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground? →
The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Marci A. Hamilton's The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy. Professor Hamilton, who holds the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, writes: In this article, I will first describe the Supreme Court’s Constitution-based …
The Satanic Temple, Scott Walker, and Contraception: A Partial Account of Hobby Lobby’s Implications for State Law
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Kara Loewentheil's The Satanic Temple, Scott Walker, and Contraception: A Partial Account of Hobby Lobby’s Implications for State Law. Ms. Loewentheil, a Research Fellow and Director of the Public Rights/Private Conscience at Columbia Law School, discusses the extreme interpretations of the Supreme Court's Hobby Lobby decision that appeared in the …
A New Era of Inequality? Hobby Lobby and Religious Exemptions from Anti-Discrimination Laws
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Alex J. Luchenitser's A New Era of Inequality? Hobby Lobby and Religious Exemptions from Anti-Discrimination Laws. Mr. Luchenitser, Associate Legal Director for Americans United for Separation of Church and State, discusses the aftermath of the Supreme Court's Hobby Lobby decision and its implications for the federal RFRA (and, by implication, state …
Religion and Marriage Equality Statutes
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today's featured article: Professor Nelson Tebbe's Religion and Marriage Equality Statutes. Professor Tebbe, a visiting professor at Cornell Law School, writes: To date, every state statute that has extended marriage equality to gay and lesbian couples has included accommodations for actors who oppose such marriages on religious grounds. Debate over those accommodations has …
Continue Reading about Religion and Marriage Equality Statutes →