Tag Archive for 'Religious Liberty'

The Challenge of Religious Arbitration

by michaelhelfand

A recent article in the Economist (“Whose Law Counts Most“) has sparked another round of controversy regarding religious arbitration in the United States.  On the heels of the article, a number of thoughtful blog posts have also grappled with the issue (see, e.g., Volokh, Volokh, and CoOp).  Abroad, religious arbitration has frequently faced significant opposition (best [...]

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The Legacy of Employment Division v. Smith

by michaelscaperlanda

My OU colleague, Allen Hertzke, has an important and insightful article, “The Supreme Court and Religious Liberty:  How a 1990 decision has come back to haunt us, and how its damage might be undone,” in the most recent Weekly Standard.  Comments on his analysis are welcome. (Cross posted on MOJ)

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A Mosque Near Ground Zero (Postscript)

by Perry Dane

In 1657, Peter Stuyvesant, the Governor of New Netherland (now New York), who had no patience for religious diversity, got wind of the presence of Quakers in the settlement at Flushing.  He ordered the town officials in Flushing to hand over the Quakers for arrest.  The officials refused.  They wrote Stuyvesant a letter, the Flushing [...]

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A Re-focus for the Children’s Religious Liberty Debate?

by mariefailinger

Having just finished an unrelated article on adolescent girls, I thought about the continuing debate over the religious liberty rights of children. The authorities in this area tell us that young adolescent girls aren’t “rational maximizers.” For many girls, decisions often are governed, in the words of Mary Pipher and Martha Straus, by the “magical thinking of childhood” and a “reliant and defiant” relationship with their parents. Many are concrete, present-oriented and largely egocentric and peer-directed thinkers.

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