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- Title
RELIGIOUS AND POLITICAL VIRTUES AND VALUES IN CONGRUENCE OR CONFLICT?: ON SMITH, BOB JONES UNIVERSITY, AND CHRISTIAN LEGAL SOCIETY.
- Authors
McClain, Linda C.
- Abstract
The article adopts a question of where the case Employment Division versus Alfred Smith suits into the political and constitutional dilemma over congruence in the U.S. It argues that a close analysis of the majority and dissenting opinions in Smith case produces instructive views on congruence, on pluralism, and on how to resolve the conflict between distinct constitutional values. It then addresses another important Supreme Court case that involves religious liberty and its limits which is Bob Jones University versus the U.S.
- Subjects
UNITED States; RELIGIOUS diversity; ADMINISTRATIVE procedure; SMITH, Alfred; BOB Jones University; LEGAL procedure; TRIALS (Law); CIVIL procedure; UNITED States. Supreme Court; TRIAL practice; ACTIONS &; defenses (Law)
- Publication
Cardozo Law Review, 2011, Vol 32, Issue 5, p1959
- ISSN
0270-5192
- Publication type
Article