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The Purpose of Early State RFRAs and What It Tells Us About the Recent Legislative Efforts As we discussed in Part One, the Supreme Court, in 1990, decided the case of Employment Division v. [read post]
25 Apr 2015, 11:03 am by Schachtman
It is apparent from epidemiological data that some people can engage in chain smoking for many decades without developing lung cancer. [read post]
Such state laws are often called Religious Freedom Restoration Acts, or RFRAs—named and patterned after the federal RRFA adopted by Congress after the Supreme Court’s 1990 decision in Employment Division v. [read post]
1 Apr 2015, 9:56 am
Smith (1990), this view was rejected by the Supreme Court, in an opinion by the famously conservative Justice Scalia. [read post]
30 Mar 2015, 10:57 am
Smith (1990) (rejecting strict scrutiny of neutral laws that burden religion), but the increased litigation pressure and focus of anti-gay activists may lead courts–especially elected state court judges–in many places to break the dam. [read post]
24 Feb 2015, 7:14 am by J. Bradley Smith, Esq.
Except, devices that people carry around these days have come a long way from the banana-sized box lawyer Johnny Cochran made famous carrying around in the early-to-mid 1990s. [read post]
28 Jan 2015, 2:08 pm
Smith (1990), a campaign urging people to shun the excommunicated would be protected under the Free Speech Clause, see NAACP v. [read post]
21 Jan 2015, 6:39 am
Smith (1990), which held that the Free Exercise Clause generally did not require religious exemptions from generally applicable laws (though it left room for many statute-by-statute exemptions). [read post]
20 Jan 2015, 2:26 pm by Kent Scheidegger
Smith largely repudiated the method of analysis used in prior free exercise cases like Wisconsin v. [read post]
20 Jan 2015, 10:59 am
To be sure, justices are people, and people have biases, usually in favor of their own groups. [read post]
13 Nov 2014, 12:02 pm by Kevin Smith, J.D.
 The petition relies on the 1980′s decision in Harper and Row v. [read post]