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This book provides a general background of RLUIPA (Religious Land Use and Institionalized Persons Act) so that the reader understands the context in which RLUIPA was passed by Congress in 2000, as well as a very practical discussion about RLUIPA litigation from the perspective of the church and the perspective of the community. The book offers information and advice on initiating a RLUIPA lawsuit, as well as defending against a RLUIPA lawsuit.
God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
Tracing the long history of Ruth Bader Ginsburg’s work for gender equality and a “more perfect Union” In the fall of 2019, Justice Ruth Bader Ginsburg visited the University of California, Berkeley School of Law to deliver the first annual Herma Hill Kay Memorial Lecture in honor of her friend, the late Herma Hill Kay, with whom Ginsburg had coauthored the very first casebook on sex-based discrimination in 1974. Justice, Justice Thou Shalt Pursue is the result of a period of collaboration between Ginsburg and Amanda L. Tyler, a Berkeley Law professor and former Ginsburg law clerk. During Justice Ginsburg's visit to Berkeley, she told her life story in conversation with Tyler. In this collection, the two bring together that conversation and other materials—many previously unpublished—that share details from Justice Ginsburg's family life and long career. These include notable briefs and oral arguments, some of Ginsburg's last speeches, and her favorite opinions that she wrote as a Supreme Court Justice (many in dissent), along with the statements that she read from the bench in those important cases. Each document was chosen by Ginsburg and Tyler to tell the story of the litigation strategy and optimistic vision that were at the heart of Ginsburg's unwavering commitment to the achievement of "a more perfect Union." In a decades-long career, Ruth Bader Ginsburg was an advocate and jurist for gender equality and for ensuring that the United States Constitution leaves no person behind. Her work transformed not just the American legal landscape, but American society more generally. Ginsburg labored tirelessly to promote a Constitution that is ever more inclusive and that allows every individual to achieve their full human potential. As revealed in these pages, in the area of gender rights, Ginsburg dismantled long-entrenched systems of discrimination based on outdated stereotypes by showing how such laws hold back both genders. And as also shown in the materials brought together here, Justice Ginsburg had a special ability to appreciate how the decisions of the high court impact the lived experiences of everyday Americans. The passing of Justice Ruth Bader Ginsburg in September 2020 as this book was heading into production was met with a public outpouring of grief. With her death, the country lost a hero and national treasure whose incredible life and legacy made the United States a more just society and one in which “We the People,” for whom the Constitution is written, includes everyone.
This interdisciplinary volume illuminates housing's impact on both wealth and community, and examines legal and policy responses to current challenges. Also available as Open Access.
Religion and the State in American Law provides a comprehensive and up-to-date overview of religion and government in the United States, from historical origins to modern laws and rulings. In addition to extensive coverage of the religion clauses of the First Amendment, it addresses many statutory, regulatory, and common-law developments at both the federal and state levels. Topics include the history of church-state relations and religious liberty, religion in the classroom, and expressions of religion in government. This book also covers the role of religion in specific areas of law such as contracts, taxation, employment, land use regulation, torts, criminal law, and domestic relations as well as in specialized contexts such as prisons and the military. Accessible to the general as well as the professional reader, this book will be of use to scholars, judges, practising lawyers, and the media.
This book sets the record straight about the United States' move toward extreme religious liberty and argues for a return to common-sense religious liberty.