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Harvard Law Review Topics

Religion

Religion Blog Essay

Religious Exemptions Are Becoming the Rule

April 6, 2023 Last week, Judge Reed O’Connor of the District Court for the Northern District of Texas struck down key provisions of the Affordable Care Act...
  • Jenny Samuels
First Amendment Note

Blasphemy and the Original Meaning of the First Amendment

Vol. 135 No. 2 December 2021 Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to...
First Amendment: Religion Reflection

Reflection on Tanzin v. Tanvir: Q&A with the Plaintiffs*

Vol. 135 No. 1 November 2021 In Tanzin v. Tanvir,. the U.S. Supreme Court held that plaintiffs suing under the Religious Freedom Restoration Act of 1993 (RFRA) can seek money...
Constitutional Law Case Comment

The Principle and Politics of Liberty of Conscience

Vol. 135 No. 1 November 2021 Introduction “[W]hat should replace Smith?” That was Justice Barrett’s main question in Fulton v. City of Philadelphia. She expressed serious misgivings about the governing...
  • Nelson Tebbe
Statutory Interpretation Leading Case

Tanzin v. Tanvir

Vol. 135 No. 1 November 2021 When a federal officer violates somebody’s constitutional rights, what remedies are appropriate for a court to grant? In the landmark case Bivens v. Six...
Freedom of Religion Book Review

Living The Sacred: Indigenous Peoples and Religious Freedom

Vol. 134 No. 6 April 2021 Introduction In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding...
  • Kristen A. Carpenter
Constitutional Law Developments in the Law

Reframing the Harm: Religious Exemptions and Third-Party Harm After Little Sisters

Chapter Two

Vol. 134 No. 6 April 2021
Health Care Law Leading Case

Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania

Vol. 134 No. 1 November 2020 A century ago, legal scholar Zechariah Chafee, Jr., summed up his view of the First Amendment’s limits, writing that “[y]our right to swing your...
First Amendment: Religion Recent Case

American Humanist Ass’n v. Maryland-National Capital Park & Planning Commission

En Banc Fourth Circuit Denies Rehearing of Holding that Cross-Shaped World War I Memorial Violates Establishment Clause.

Vol. 132 No. 4 February 2019
First Amendment Case Comment

The Etiquette of Animus

Vol. 132 No. 1 November 2018 There is a difference between deciding how to talk about a problem and sorting out the principles for resolving it. In Masterpiece Cakeshop, Ltd....
  • Leslie Kendrick
  • Micah Schwartzman
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