Search for: "Sherbert v. Sherbert" Results 21 - 40 of 136
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8 Dec 2023, 10:31 am by Second Circuit Civil Rights Blog
 The "substantial burden" test originated in Sherbert v Verner (1963), a free exercise of religion case. [read post]
9 Aug 2008, 11:08 pm
The majority held: RFRA's stated purpose is to "restore the compelling interest test as set forth in Sherbert v. [read post]
19 Nov 2013, 1:54 pm
Filed: November 7, 2013 (unpublished)Opinion by: Judge Andre Davis Held: the United States District Court for the Western District of North Carolina was not clearly erroneous and did not abuse its discretion  in ruling that (1) the parties reached a binding and enforceable oral settlement agreement; and (2) plaintiff did not proceed in bad faith, so neither a dismissal with prejudice nor an award of attorney's fees was appropriate.Facts: Plaintiff made a $12 million commercial loan to a… [read post]
28 Feb 2012, 1:10 pm by Eugene Volokh
Here’s the Court’s statement on this, in the unemployment exemption context (though I think it would likely also apply to religious accommodations under Title VII), from Hobbie v. [read post]
1 Mar 2024, 12:25 pm by Lawrence Solum
Such a regime might apply strict scrutiny more widely, to any substantial burdens on free exercise (as the Court did prior to Smith in cases like Sherbert v. [read post]
5 Nov 2020, 9:32 am by Eugene Volokh
Windham will be on the side of reading the Free Exercise Clause as securing a strong presumption of religious exemptions from generally applicable laws (i.e., applying the Sherbert v. [read post]
8 Jul 2014, 1:30 pm by Stephen Gottlieb
RFRA was understood as restoring the rule of a Warren Court decision, Sherbert v. [read post]
4 Jun 2018, 2:57 pm by Mark Tushnet
" Rather, under the rationale the Smith Court used to preserve the holdings in the unemployment compensation cases, the Commission would have to employ a Sherbert v. [read post]
25 Jun 2010, 5:52 pm by Eugene Volokh
(McConnell is on the pro–Sherbert/Yoder wing of the conservative movement when it comes to free exercise, rather than Justice Scalia’s pro–Employment-Division-v. [read post]
7 Dec 2009, 4:59 pm
Anonymous left comments on Hobbie I and my earlier post on Sherbert v. [read post]
7 Dec 2009, 4:59 pm
Anonymous left comments on Hobbie I and my earlier post on Sherbert v. [read post]