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13 Aug 2015, 2:27 pm
But since the requirement is a general one and not targeted at religious practices or beliefs, the logic of Employment Div. v. [read post]
30 Mar 2015, 10:57 am
We haven’t seen courts treat the strict scrutiny test in RFRA laws very seriously in the past, which is why we’ve avoided the “anarchy” Justice Scalia warned about in Employment Div. v. [read post]
20 Jan 2015, 9:00 pm by Marci A. Hamilton
Hobby Lobby), explains how the RFRA formula relates to its prior free exercise doctrine as follows: RFRA was enacted three years after our decision in Employment Div., Dept. of Human Resources of Ore. v. [read post]
20 Jan 2015, 9:00 pm by Marci A. Hamilton
Hobby Lobby), explains how the RFRA formula relates to its prior free exercise doctrine as follows: RFRA was enacted three years after our decision in Employment Div., Dept. of Human Resources of Ore. v. [read post]
20 Jan 2015, 2:26 pm by Kent Scheidegger
RFRA was enacted three years after our decision in Employment Div., Dept. of Human Resources of Ore. v. [read post]
29 Oct 2014, 9:01 pm by Marci A. Hamilton
Under the First Amendment and the leading case, Employment Div. v. [read post]
15 Oct 2014, 9:01 pm by Marci A. Hamilton
Smith and Church of Lukumi Babalu Aye v. [read post]
15 Jan 2014, 5:00 am
  (This view can be found in the academic literature, too.)Interestingly, that result would have been easier to achieve under the pre-Employment Div v. [read post]