Articles

Religious Organizations and Free Exercise: The Surprising Lessons of Smith

I. Introduction II. Three Possible Approaches A. Supreme Court Case Law B. Lower Court Decisions C. Scholarly Views III. Lessons From Smith A. Religious Groups and Freedom of Belief B. Misunderstandings and Temptations C. Religious Belief and Democratic Government

Omalous Autonomy

I. Introduction II. Neutral Laws And The Jurisprudence Of Exemptions A. Why Exemptions Are Anomalous 1. The Nature Of The Claim 2. The Nature Of The Claimant B. Religious Institutional Autonomy: The Omalous Norm III. Neutral Principles And The Ambiguities Of Self-Governance A. The Case (Read and Misread) B. The Complexity of Autonomy C. The Logic of "Neutrality" IV. The Boundaries Of Autonomy And The Challenge Of Neutrality A. The Dilemma Defined B. The Logic of Duties 1. The Problem With Spe...

Sexual Misconduct and Ecclesiastical Immunity

I. Introduction II. The Decline Of Ecclesiastical Immunity III. The Remnants Of Ecclesiastical Immunity IV. Sexual Misconduct And Ecclesiastical Immunity A. The Wrongdoer's Criminal and Civil Liability for Sexual Misconduct B. Civil Claims Against Religious Organizations and Supervisors 1. Institutional Fiduciary Duties To Victims Of Sexual Misconduct 2. Institutional Duties Of Care In Employment Of Clergy C. Criminal Culpability of Supervisors and Religious Institutions 1. Manchester, New Ha...

Comments

Thoughts on Smith and Religious-Group Autonomy

I. Introduction II. Smith And Religious-Group Exemptions From "Otherwise Neutral" Laws III. Religious-Group Autonomy: More Valuable, Or More Dangerous? IV. Conclusion

Continuing the Lord s Work and Healing His People: A Reply to Professors Lupu and Tuttle

I. Churches Are Not Above The Law II. Constitutional Intersections A. Finding the Right Defendant B. Claims Barred C. Claims Narrowed IV. Conclusion

Separation, Neutrality, and Clergy Liability for Sexual Misconduct

I. Introduction II. The Case For Clergy Liability For Sexual Misconduct With Adult Congregants III. Clergy Liability For Sexual Misconduct Under The Lupu/Tuttle Structural Model A. The Lupu/Tuttle Position B. Potential Problems Within the Lupu/Tuttle Approach III. Clergy Liability For Sexual Misconduct Under A Neutrality Model A. The Policies Underlying Neutrality B. The Neutrality Model and Clergy Liability for Sexual Misconduct IV. Structural-Separation Or Neutrality? V. Conclusion

An Itty-Bitty Immunity and Its Consequences for The Church of Jesus Christ of Latter-day Saints: A Response to Professors Lupu and Tuttle

I. Introduction II. Professors Lupu And Tuttle's Swath Of Protection A. The Narrow Slice of Protection 1. Liability Of Individual Perpetrators 2. Liability Of Supervisors And Religious Institutions 3. The Limits Of Protection B. Difficulties with Professors Lupu and Tuttle's Distinctions 1. The Fuzziness Of The Distinctions With Regard To The Liability Of Individual Perpetrators 2. Flawed Comparisons In Noncounseling Fiduciary Duties 3. Liability Of Supervisors And Religious Institutions III....

Notes

Making Politics De Minimis in the Political Process: The Unworkable Implications of Cox v. Larios in State Legislative Redistricting and Reapportionment

I. Introduction II. Background: Redistricting And Reapportionment A. Redistricting Versus Reapportionment 1. Redistricting, partisan motivation, and traditional districting criteria 2. Reapportionment and constitutional protection B. Legal Theories and Traditional Districting Criteria 1. "One Person, One Vote" Claims 2. Gerrymandering Claims III. Cox v. Larios A. Factual Background 1. The Congressional Plan 2. State Legislative Plans 3. District Court Findings And Conclusions Of Law B. The D...