Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2004, No. 4, 2004

Defending a Rule of Institutional Autonomy on "No-Harm" Grounds
My comments begin by focusing on Professor Hamilton's defense of the "no-harm" principle-that is, the principle that legislatures have the general authority to make their rules applicable when those rules aim to reduce the incidence of harms defined...
Dissent and Disestablishment: The Church-State Settlement in the Early American Republic
I. INTRODUCTIONReligious belief-its content and sincerity-is an individual affair. Each person is his own moral actor. But religion is rarely just an individual affair. It comes in many assorted groupings: clusters of people bound together by collective...
Introduction
We are pleased that so many distinguished scholars convened at Brigham Young University's J. Reuben Clark Law School in 2004 to discuss the important topic of church autonomy, and we are even more pleased to publish the fruits of that conference in this...
More or Less Bunk: The Establishment Clause Answers That History Doesn't Provide
The jurisprudence of the First Amendment's religion clauses is one of the most history-laden of any area of constitutional law. From the beginning of the modern era in the Court's church-state jurisprudence, nearly every discussion of note regarding...
Religious Institutions, the No-Harm Doctrine, and the Public Good
[When] principles break out into overt acts against peace and good order [it is the] rightful purpose [] of civil government, for its officers to interfere.Thomas Jefferson[dagger][F]or such actions as are prejudicial to the interests of others, the...
The Autonomy of Church and State
I. INTRODUCTIONA. The Autonomy of Church and StateSince the end of World War II, two visions of the proper relationship between church and state have vied for preeminence in U.S. law: one emphasizing the separation of church and state,1 and the other...
The Voluntary Principle and Church Autonomy, Then and Now
I. THE FOUNDING ERA CHURCH-STATE SETTLEMENT AND THE VOLUNTARY PRINCIPLEProfessor Carl Esbeck's paper,1 which offers a historical perspective on the issue of church autonomy, will serve as a terrific resource for future work by legal scholars. Professor...
Three Concepts of Church Autonomy
In their thought-provoking papers, Professor Marci Hamilton opposes church autonomy1 and Professor Brett Scharffs supports it.2 But it is not clear that what Professor Hamilton rejects is precisely what Professor Scharffs endorses. In fact, it is by...
Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.