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Professor Marci A. Hamilton, THE "LICENTIOUSNESS" IN RELIGIOUS ORGANIZATIONS AND WHY IT IS NOT PROTECTED UNDER RELIGIOUS LIBERTY CONSTITUTIONAL PROVISIONS, 18 Wm. & Mary Bill of Rts. J. 953 (2010)
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[953]
There is no doubt that the sexual abuse of children occurs…
Professor Marci A. Hamilton and Professor Rachel Steamer, THE RELIGIOUS ORIGINS OF DISESTABLISHMENT PRINCIPLES, 81 Notre Dame L. Rev. 1755 (2006)
SYMPOSIUM THE (RE)TURN TO HISTORY IN RELIGION CLAUSE LAW AND…
CUTTER V. WILKINSON (03-9877) 544 U.S. 709 (2005) 349 F.3d 257, reversed and remanded.
A federal law prohibiting government from burdening prisoners' religious exercise did not violate the First Amendment's establishment clause. The Court held that, on its face, RLUIPA made an accommodation allowed by the First Amendment. The Court reasoned that the law was an effort to alleviate the "government-created burden" on religious exercise that prisoners faced. Nor did section three discriminate between mainstream and non-mainstream religions. The Court did point out that constitutional problems could arise if RLUIPA were enforced improperly and religious prisoners received favored treatment, or if religious exercise and security concerns were not properly balanced.
Professor Marci A. Hamilton, Religion, the Rule of Law, and the Good of the Whole: A View from the Clergy, 18 J. L. & Politics 387 (2002)
[387]
I. Introduction
"The separation of church and state"…
Professor Marci A. Hamilton, TESTIMONY U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON THE CONSTITUTION H.R. 1691: The “Religious Liberty Protection Act of 1999”
TESTIMONY U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON THE
JUDICIARY
SUBCOMMITTEE…
Professor Marci A. Hamilton, COMMENTARY: ON SCHOOL VOUCHERS AND THE ESTABLISHMENT CLAUSE: Power, the Establishment Clause, and Vouchers, 31 Conn. L. Rev. 807 (1999)
[808] INTRODUCTION
The Establishment Clause is a particular…
Professor Marci A. Hamilton, TESTIMONY TO THE SENATE COMMITTEE ON THE JUDICIARY S. 1248, The Religious Liberty Protection Act of 1998
This is my testimony in opposition to the Religious Liberty Protection Act (introduced after Boerne and never passed, but the testimony re RLPA was used to defend RFRA and RLUIPA)
Professor Marci A. Hamilton, TESTIMONY TO THE HOUSE COMMITTEE ON THE JUDICIARY’S SUBCOMMITTEE ON THE CONSTITUTION, H.R. 4019: The “Religious Liberty Protection Act of 1998”
TESTIMONY TO THE HOUSE COMMITTEE ON THE JUDICIARY’S
SUBCOMMITTEE…