Tags » Marc O. DeGirolami

More Questions on the Significant Harm to Third-Parties Establishment Clause Theory

In my last post on the subject, I wondered why there had not been more discussion on the part of advocates of the Significant Harm to Third-Parties Establishment Clause theory (abbreviated for convenience hereafter as SHTEC) regarding the application of that theory to the prison-beard case, Holt v. 1,147 more words

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What's Happening in Houston?

When I first saw the story, I dismissed it as a hoax. The City of Houston had served subpoenas on local pastors who had participated in a petition drive against a city ordinance, known as HERO, which prohibits discrimination against LGBT persons. 588 more words

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Stendhalian Interlude

I’m listening to Stendhal’s The Charterhouse of Parma in the car, a wonderful

work of novelistic “realism” set in the early 19th century world of Italian city-state court life. 443 more words

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Podcast on Holt v. Hobbs

Mark and I have recorded another in our podcast series, this time on the “prison beard case,” Holt v. Hobbs, argued this week at the Supreme Court. 19 more words

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Holt v. Hobbs and the Third-Party-Harms Establishment Clause Theory

Readers may recall that during the course of the¬†Hobby Lobby¬†litigation, some contraceptives mandate supporters argued that religious accommodations that impose “significant” harms or burdens on third parties constitute violations of the Establishment Clause. 1,082 more words

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Estrada and Boizelle on the Obama Administration and Religious Accommodation

In the latest issue of the Cato Supreme Court Review, there is a useful essay by Miguel Estrada and Ashley Boizelle discussing the upcoming Supreme Court term and some of the major cases that the Court will hear. 321 more words

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