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Regulating Religion: The Courts and the Free Exercise Clause

Catharine Cookson

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.001.0001
Subject:
Religion, Religion and Society

Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of ... More


The Presumption of Liberty: Protecting Rights without Listing Them

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a Presumption of Liberty can protect the unenumerable rights retained by the people by shifting the background interpretive presumption of constitutionality whenever ... More


Restoring the Lost Constitution

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0015
Subject:
Law, Constitutional and Administrative Law

This concluding chapter argues that the original meaning of the entire Constitution, as amended, is much more libertarian than the one selectively enforced by the Supreme Court. It cites the evidence ... More


The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter examines the revival of the presumption of constitutionality and its almost immediate qualification in the form of Footnote Four, which it argues is inconsistent with the Ninth ... More


Showing Necessity: Judicial Doctrines and Application to Cases

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter examines judicial doctrines to assess necessity. The Presumption of Liberty places the burden of establishing the propriety of laws on the government. Taking the First Amendment as a ... More


Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter examines whether the Necessary and Proper Clause of the Constitution precludes or invites the exercise of judicial review of a federal law to see if it lies within the powers of Congress ... More


The Partial Overlap/Convergence of Reasonable Views

Thomas L. Carson

in Lying and Deception: Theory and Practice

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199577415
eISBN:
9780191722813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199577415.003.0008
Subject:
Philosophy, Moral Philosophy, General

The rationality and consistency tests defended in Chapter 6 can be used to discredit and rule out certain moral principles and moral judgments and, thus, indirectly establish the truth of certain ... More


Austen on Cluelessness

Michael Suk-Young Chwe

in Jane Austen, Game Theorist

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691162447
eISBN:
9781400851331
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691162447.003.0012
Subject:
Political Science, Political Theory

This chapter examines how Jane Austen deals with cluelessness in her novels. It discusses the five explanations offered by Austen for cluelessness. The first is lack of natural ability and the second ... More


The Process of Casuistry

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0003
Subject:
Religion, Religion and Society

Examines and describes in detail the casuistical method of conflict resolution, noting the importance of principles, paradigms, presumptions, analogies, and “the particulars.” Casuistry is neither a ... More


A Critique of the Court's Free Exercise Clause Jurisprudence in the U.S. Supreme Court Case of Employment Division v. Smith

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0007
Subject:
Religion, Religion and Society

The 1990 case of Employment Division v. Smith was decided against the defendants, but when analyzed using casuistry it is found to be an easy case for upholding their free exercise right. The state ... More


Rules of interpretation

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0010
Subject:
Law, Constitutional and Administrative Law

The guides to legislative intention, otherwise known as interpretative criteria, are: (1) common law and statutory rules; (2) principles derived from legal policy; (3) presumptions based on the ... More


Interpretative presumptions

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0012
Subject:
Law, Constitutional and Administrative Law

An interpretative presumption, laid down at common law, affords guidance, arising out of the essential nature of legislation, as to the legislator's prima facie intention regarding the legal meaning. ... More


The Principles of Conflict Resolution

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0003
Subject:
Law, Public International Law, EU Law

Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. ... More


John Cyril Smith 1922–2003

Andrew Ashworth

in Proceedings of the British Academy Volume 130, Biographical Memoirs of Fellows, IV

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263501
eISBN:
9780191734212
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263501.003.0010
Subject:
History, Historiography

John Cyril Smith (1922–2003), a Fellow of the British Academy, was Emeritus Professor of Law at the University of Nottingham where he headed the Law Department for three decades. In 1952–1953, Smith ... More


Conflict of Laws and Choice of Law

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0010
Subject:
Law, Family Law

This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the ... More


What Is Moral Epistemology?

Walter Sinnott-Armstrong

in Moral Skepticisms

Published in print:
2006
Published Online:
February 2006
ISBN:
9780195187724
eISBN:
9780199786121
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195187725.003.0001
Subject:
Philosophy, Moral Philosophy

This chapter locates moral epistemology within general moral theory, introduces the central questions of moral epistemology, and then distinguishes several versions of moral skepticism. It ends with ... More


A Normative Framework for Family Ties Benefits

Dan Markel, Jennifer M. Collins, and Ethan J. Leib

in Privilege or Punish: Criminal Justice and the Challenge of Family Ties

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195380064
eISBN:
9780199855308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195380064.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter shifts from the descriptive to the normative, as it considers the factors that should help determine whether a particular accommodation of family interests by the criminal justice system ... More


Burdens of Proof and Presumptions

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0009
Subject:
Law, Family Law

Legal practitioners are aware that the possibility of success in a lawsuit is often highly dependent upon the procedural requirements resulting from the applicable evidentiary rules pertaining to ... More


Conclusion

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0009
Subject:
Law, Law of Obligations, Human Rights and Immigration

This concluding chapter reviews the discussions in the preceding chapters. It argues that for purposes of constitutional law, a distinction must be made between public and private defamatory speech. ... More


Prohibition

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0004
Subject:
Law, Criminal Law and Criminology

In Ireland, an accused person facing a trial on charges relating to a delayed complaint can make a judicial review application for an order of prohibition in a civil court. The defendant's ... More


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