My thesis is that a citizen merits a religious exemption under four conditions: (a) if she has sufficient intelligible reason to oppose the law, (b) if the law imposes unique and substantial burdens on the integrity of those exempted that are not off-set by comparable benefits, (c) if ...
Still, one might suppose that the level of scrutiny the Court applies under the Equal Protection Clause is in rough proportion to the importance of eliminating that form of discrimination. But that assumption is arguable as well. The Court has explained, for example, that racial dis...
哈佛公开课：公正该如何做是好Free Exercise and Religious Accommodations Free Exercise of Religion 1. What distinguishes Mill’s argument from Bentham’s?Mill and Bentham both endorse the harm principle. Utilitarians, they both rest their moral liberalism on an appeal to consequences. But they offer ...
but because they have literacy or language issues that make it difficult for them to put anything down in writing. For the same reason, there may be employees who use the internet forms, not because they are faking it, but because the forms express their thoughts better than they are ab...
§ 1st - When the application of examinations in accordance with the “caput” is not possible, the organizer entity will be able to carry them out on Saturday, and the candidate who claims the reason for religious belief should be able to do so after 6 pm. Kind of judicial appeal to ...
There is clearly a reason for the school to impose this rule (maybe health and safety). I don't see why the first amendment would trump such a practical reason. Umm, the Constitution trumps EVERYTHING. Going by the case law (see, for example Tinker v. Des Moines) the school would ...
America's harmonized understanding of religious liberty has perhaps its greatest expression in the first reason James Madison gave for opposing a "religious assessment." In his 1785Memorial and Remonstrance, according to McConnell inThe Origins and Historical Understanding of the Free Exercise of Religion...
The company declined to hire her, saying her scarf clashed with the company’s dress code, which called for a “classic East Coast collegiate style.” After the Equal Employment Opportunity Commission sued on Ms. Elauf’s behalf, the company said it had no reason to know that Ms. Elauf’...
"The reason that people need to work so hard to cheat the system with fake religious beliefs is that basically every actual religion has told its followers to get thine ass vaccinated," says Noah, before going on to cite examples of religious leaders like the Pope and the Dalai Lama encoura...
But the poet’s surprisingly light tone here is a form not of denial, but of faith. For the believer, Time’s fatal blade brings not annihilation, but new growth: “By thy cutting he grows better.” We’re not sure what Time makes of this argument, but when the poet begins a more...