(For an introduction to this series of posts, see here.) Let us turn now more closely to the issues raised by Hobby Lobby, but take them one at a time. The first issue is: Should religious exemption rights even be seen as applicable to commercial activity, or should they be limited to objectors’ noncommercial activities […]
Author Archive | Eugene Volokh
1C. How RFRA May Make Religious Exemption Claims More Appealing to Courts Than They Were in the Constitutional Exemption Era
(For an introduction to this series of posts, see here.) The RFRA religious exemption regime may seem less exemption-friendly than the Sherbert/Yoder-era constitutional exemption regime, precisely because it is only statutory. If Congress (or, for a state RFRA, a state legislature) dislikes an exemption that courts have recognized, it can pass a new statute rejecting […]
1B. Why Have RFRA-Like Religious Exemption Regimes?
(For an introduction to this series of posts, see here.) The previous post in this series has explained what RFRA is, and what general rules it sets forth. For nearly all the remaining posts, I’ll take RFRA as given, and not deal with the broader question of whether having such a statute is a good […]
1A. What Is the Religious Freedom Restoration Act?
(For an introduction to this series of posts, see here.) 1. Say that you feel a religious obligation to use a prohibited drug — hoasca (the drug at issue in Gonzales v. O Centro Espírita Beneficente União do Vegetal (2006)), peyote, marijuana, or LSD. Or say that you’re a landlord who feels a religious obligation […]
Hobby Lobby, the Employer Mandate, and Religious Exemptions
Last week, the Supreme Court agreed to decide two new religious exemption cases, Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialty Store v. Sebelius. There are a lot of moving parts in the legal analysis of those cases, so I thought I’d blog several posts about them, one on each of the main […]
Hobby Lobby Week Next Week
The Supreme Court just agreed to decide two new religious exemption cases, Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialty Store v. Sebelius. In both, the owners of closely held, family-owned corporations hold religious beliefs that it is wrong to use any devices or products that sufficiently risk killing a fertilized embryo, including […]
The KlearGear Controversy
I haven’t had a chance to blog about the case, but I thought I’d note that Public Citizen has gotten involved. Here’s the press release: Public Citizen Asks Online Retailer KlearGear.com To Remedy Its Retaliation Against Customer for Critical Online Review Company Damaged Customer’s Credit After He Refused Company’s Demand for $3,500 Over Critical Web […]
Tort Law vs. Privacy
I’m pleased to say that my article on this subject is coming out next year in the Columbia Law Review. You can read the entire draft in PDF, but here’s the Introduction, with most footnotes omitted. (I’ll likely also blog some other parts of the article, but for now I thought the Introduction plus a […]
How Is Angola Like Saudi Arabia?
Angola is reportedly taking legal steps to generally close mosques, according to onislam.net and the Angola Press Agency; stories in Xibaaru (Senegal) and Algerie Patriotique seems consistent with that, though I’m relying there on Google Translate. From onislam.net: “The process of legalization of Islam has not been approved by the Ministry of Justice and Human […]
Letter from NASA
Very funny, though unfortunately fake. Thanks to InstaPundit for the pointer.
Attitudes Towards Handgun Bans
A very interesting graphic from Prof. Bryan Caplan (EconLog): The lines indicate the responses to a Gallup survey, which asked “What about the possession of pistols and revolvers — do you think there should be a law which would forbid possession of this type of gun except by the police or other authorized person?” (or, […]
Tax Exemption for Ministers’ Housing Expenses Violates the Establishment Clause
So holds yesterday’s Freedom From Religion Foundation v. Lew (W.D. Wisc. Nov. 22, 2013). Section 107(2) of the Federal tax code exempts from the income of “a minister of the gospel” (read broadly to not just be limited to Christian denominations) “the rental allowance paid to him as part of his compensation, to the extent […]
When Can Custodial Parent’s Terminal Illness Justify Change of Custody?
Not until the parent becomes unable to care for the children, holds the New Jersey Superior Court in A.W. v. T.D. (N.J. Super. Ct. Ch. Div. Nov. 19, 2013). (Note that this relates to a change in custody, and does not necessarily govern an initial custody decision.) [UPDATE: I now include a link to the […]
The “Enigmatic and Elliptical” “Dope!”
Not in a drug case, or a slander case, but a contract case, Beastie Boys v. Monster Energy Co. (S.D.N.Y. Nov. 4, 2013). The relevant question was whether a response of “Dope!” conveyed a license to use copyrighted work; here’s the heart of the court’s analysis (paragraph breaks added): In proper context, the word “Dope!” […]
Google India Ad
Lots of people liked this very much, and I’m one of them, even though I almost never much care for ads. Thanks to GeekPress for the pointer.