Search for: "Sherbert v. Sherbert" Results 61 - 80 of 135
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30 Jun 2014, 4:50 am by Marty Lederman
 These changes resolved the ambiguity about the standard to be applied and made it clear that the bill does not reinstate the free exercise standard to the high water mark as found in Sherbert v. [read post]
20 May 2013, 4:48 am by Matthew L.M. Fletcher
Smith, in which the Court concluded that a claim that a neutral and generally applicable criminal law burdens religious conduct need not be evaluated under the “compelling interest” test set out by the Court in Sherbert v. [read post]
13 May 2012, 4:39 pm by Eugene Volokh
” — this might qualify as either incitement of imminent criminal conduct, or as constitutionally unprotected solicitation of crime (see United States v. [read post]
20 Jun 2021, 10:37 pm by Josh Blackman
S. 418, 430–432 (2006) (discussing the compelling interest test applied in Sherbert and Wisconsin v. [read post]
3 Nov 2020, 11:39 pm by Marty Lederman
Later this morning, the Supreme Court will hear argument in the most significant Religion Clause case of the Term, Fulton v. [read post]
17 Feb 2016, 9:01 pm by Marci A. Hamilton
The Court distinguished Sherbert; it also distinguished the indefensible opinion in Wisconsin v. [read post]
6 Jul 2022, 7:02 am by Bernard Bell
Smith, 494 U.S. 872, 883–85 (1990), and re-establish the “balancing” test established by Sherbert v. [read post]
18 Feb 2014, 8:12 am by Ira Lupu and Robert Tuttle
  RFRA and questions of religious doctrine Referencing Sherbert v. [read post]
2 Sep 2021, 7:43 am by Josh Blackman
The test put forward by Justice Rutledge is inconsistent with Sherbert v. [read post]
First, although the court might purport to restore the pre-Smith compelling interest test, as Congress did when it reinstated the 1963 rule of Sherbert v. [read post]
6 Dec 2013, 10:02 am by Eugene Volokh
”) At the same time, the unemployment compensation cases — Sherbert v. [read post]
16 Dec 2009, 8:20 pm
Skip the recap if you're all caught up...RecapFirst, an entry on Sherbert v. [read post]
16 Dec 2009, 8:20 pm
Skip the recap if you're all caught up...RecapFirst, an entry on Sherbert v. [read post]
30 Jun 2014, 1:25 pm
Justice Stevens, after all, didn’t limit his objection to the Sherbert/Yoder test to commercial cases such as United States v. [read post]