Constitutional Law. Free Exercise of Religion. Alaska Supreme Court Holds That Housing Anti-Discrimination Laws Protecting Unmarried Couples Withstand a Free Exercise Challenge by a Religious Landlord. Swanner v. Anchorage Equal Rights Commission, 874 P.2d 274 (Alaska 1994)

1995 ◽  
Vol 108 (3) ◽  
pp. 763
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Equal Rights ◽  
Free Exercise ◽  
Exercise Challenge ◽  
Free Exercise Of Religion

U.S. Supreme Court Decision-Making and the Free Exercise Clause

1993 ◽  
Vol 55 (3) ◽  
pp. 511-529 ◽  
Author(s):  
Joseph A. Ignagni
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Free Exercise ◽  
Free Exercise Clause ◽  
Attitudinal Model ◽  
The Supreme Court ◽  
Free Exercise Of Religion ◽  
The U.S

The U.S. Supreme Court, at various times, has changed the constitutional tests it claimed to use in order to settle free exercise of religion disputes. These changes in official doctrine and the manner in which many cases have been decided have left the Supreme Court open to much criticism from legal scholars. This study differs substantially from previous work in this area. It uses a fact-attitudinal model to analyze the cases from the Warren, Burger, and Rehnquist Courts. Its findings indicate that these decisions are, generally, explainable and predictable.

Does the Hyde Amendment Violate Religious Freedom? Harris v. McRae and the First Amendment

1980 ◽  
Vol 6 (3) ◽  
pp. 361-372
Author(s):  
Jay Alexander Gold
Keyword(s):  
Supreme Court ◽  
First Amendment ◽  
Religious Freedom ◽  
Recent Case ◽  
Free Exercise ◽  
Exercise Challenge ◽  
First Time ◽  
The U.S

AbstractIn Harris v. McRae, the recent case in which the U.S. Supreme Court upheld the constitutionality of the Hyde Amendment, the Court for the first time was asked to consider whether antiabortion legislation respects the establishment of religion or violates the free exercise thereof. The Court held that the Amendment did not effect an establishment of religion, and found that the plaintiffs lacked standing to raise the free exercise argument.The writer explores the questions raised, agreeing with the Court's disposal of the establishment argument. He does find considerable.validity in the free exercise challenge, but concludes that the Court as presently constituted is unlikely to accept it. In addition, he believes that the Court, in its treatment of both arguments, either ignored or improperly dis tinguished earlier cases that supported the plaintiffs.

America's Lone Star Constitution

2018 ◽  
Author(s):  
Lucas A. Powe Jr.
Keyword(s):  
Supreme Court ◽  
Capital Punishment ◽  
School Finance ◽  
Constitutional Law ◽  
Civil Liberty ◽  
Voting Rights ◽  
The Rich ◽  
The Relationship

Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. This book charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberty, this book provides a window into the relationship between constitutional litigation and ordinary politics at the Texas Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.

Department of Constitutional Law. Lumberville, Delaware, Bridge Co., v. State Board of Assessors. Supreme Court of New Jersey

1894 ◽  
Vol 42 (2) ◽  
pp. 128
Author(s):  
Christopher G. Tiedeman ◽  
Wm. Draper Lewis ◽  
Wm. Struthers Ellis ◽  
W. T. Ellis
Keyword(s):  
New Jersey ◽  
Supreme Court ◽  
Constitutional Law ◽  
State Board

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

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