Search for: "Smith v. Burden" Results 81 - 100 of 1,924
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28 Mar 2017, 5:00 am by Daniel E. Cummins
The courts have reasoned that the rule should not apply to the defense case because the defense does not bear the burden of proof at trial.Plaintiffs may cite to the case of Smith v. [read post]
5 Jun 2024, 4:05 pm by Lawrence Solum
The prevailing assumption seems to be that strict scrutiny would apply whenever a neutral and generally applicable law burdens religious exercise. [read post]
17 Dec 2013, 10:01 am by Betsy McKenzie
However, in coming to this ruling, Judge Leon distinguishes the 1979 decision, Smith v. [read post]
2 May 2018, 12:42 pm
  A flow of products -- toxic waste, jobs, whatever -- to whatever nation has the least regulatory burden. [read post]
12 Feb 2020, 3:05 am by Walter Olson
Smith when it ruled that the Free Exercise Clause provides no exemption from burdens on religious conscience resulting from neutral and generally applicable laws? [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]
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]