Tag Archives: RLUIPA
Religious Freedom in Prisons and the Military

Cornell Law professor Michael C. Dorf explains how the U.S. Supreme Court’s recent seemingly inconsistent decisions in Ramirez v. Collier and Austin v. U.S. Navy Seals 1–26can be reconciled by examining the nature of the government interests in each case. Professor Dorf points out that while the Court has held judicial deference to prison officials’ expert judgment on security questions impermissible under RLUIPA, it has not (and did not in the Navy Seals case) decided whether deference to the military is compatible with RFRA and whether, if not, RFRA is unconstitutional.

The Upside-Down Treatment of Religious Exceptions Cases in the Supreme Court

Cornell law professor Michael C. Dorf comments on the U.S. Supreme Court’s decision last week to reject an emergency application from the State of Alabama to lift a stay on the execution of Willie B. Smith III. Professor Dorf observes the Court’s unusual alignment of votes in the decision and argues that, particularly as reflected by the recent COVID-19 decisions, the liberal and conservative Justices have essentially swapped places from the seminal 1990 case Employment Division v. Smith, which established that the First Amendment does not guarantee a right to exceptions from neutral laws of general applicability.

The Re-making of America’s Cities by Religious Organizations and the Department of Justice

Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, denounces the involvement of the federal government in local land use issues through the Religious Land Use and Institutionalized Persons Act (RLUIPA). Hamilton argues that RLUIPA incorrectly treats neutral, generally applicable land use decisions identically with discriminatory land use decisions.

The Obama Administration Draws Back From the Precipice of Theocracy

Cardozo Law professor Marci Hamilton describes two recent events that indicate that the United States remains dedicated to a culture of freedom and tolerance, rather than moving toward theocracy. As Hamilton explains, the federal government has taken action against the Fundamentalist Church of Jesus Christ of Latter-day Saints for establishing a theocracy on the border of Utah and Arizona, and also for money laundering and food stamp fraud.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more