|Present||Professor, UIC School of Law|
UIC John Marshall Law School
The University of Illinois at Chicago
300 S. State Street, MC 300
Chicago, Illinois 60604
Are Two Clauses Really Better Than One? Rethinking the Religion Clause(s), 80 U. Pitt. L. Rev. 1 (2018) UIC John Marshall Law School Open Access Faculty Scholarship (2018)
The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded ...
Does a Broad Free Exercise Right Require a Narrow Definition of Religion, 39 Hastings Const. L.Q. 357 (2012) UIC Law Open Access Faculty Scholarship (2012)
In the 1990 case of Employment Division v. Smith, a sharply divided Supreme Court abandoned the routine application of strict scrutiny when considering Free Exercise Clause claims seeking exemption from generally applicable legal duties or ...
Does a Broad Free Exercise Right Require a Narrow Definition of Religion UC Law Constitutional Quarterly (2011)
The Supreme Court case of Employment Division v. Smith revived an older view of the Constitution's Free Exercise Clause that protected believers only from government acts aimed at beliefs specifically, where those acts grew out ...
Clearly Canadian--Hill v. Colorado and Free Speech Balancing in the United States and Canada UC Law Constitutional Quarterly (2001)
Two doctrines have equally influenced and informed the debate regrading the scope of the First Amendment free speech guarantee: absolutism versus the balancing of competing interests. Despite the language of the United States Constitution that ...