Search for: "Sherbert v. Sherbert" Results 61 - 80 of 136
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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]
31 Jan 2017, 5:24 pm by Eugene Volokh
When Smith was handed down, some worried that it upset existing free exercise doctrine dating back to Sherbert v. [read post]
14 Sep 2016, 8:03 am by Eric Baxter
Smith did modify – without overruling – the Warren Court’s Sherbert v. [read post]
31 Aug 2016, 9:02 pm by Marci A. Hamilton
But for RLUIPA, there would be a clear picture of when actual discrimination occurs, because the First Amendment’s Free Exercise Clause has been interpreted to forbid the targeting of religious organizations, at least as early as Sherbert 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]
15 Dec 2015, 6:33 am by Ira Lupu and Robert Tuttle
RFRA declares that its purposes include restoration of “the compelling interest test as set forth in Sherbert v. [read post]
16 Sep 2015, 9:29 am by Nelson Tebbe
It is why the line of cases coming out of Sherbert v. [read post]
31 Aug 2015, 10:50 am
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
5 Aug 2015, 9:01 pm by Marci A. Hamilton
That explains some of the wisest decisions, like the Court’s rejection of a right of soldiers to determine their headgear by faith in Goldman v. [read post]