Thomas C. Berg

University of St. Thomas, St. Paul/Minneapolis, MN - School of Law

St. Ives Professor of Law

1000 La Salle Avenue

Mail # MSL400

Minneapolis, MN 55403-2015

United States

SCHOLARLY PAPERS

43

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8

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9

Scholarly Papers (43)

1.

Religious Conservatives and the Death Penalty

William and Mary Bill of Rights Journal, Vol. 9, No. 1, December 2000
Number of pages: 31 Posted: 22 Aug 2001
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 1,369 (20,316)

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2.

Protecting Same-Sex Marriage and Religious Liberty

99 Virginia L. Rev. In Brief (2013), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 13-15, Virginia Public Law and Legal Theory Research Paper No. 2013-08
Number of pages: 11 Posted: 20 Apr 2013 Last Revised: 13 May 2013
Douglas Laycock and Thomas C. Berg
University of Virginia School of Law and University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 895 (37,666)

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religious liberty, same-sex marriage, civil marriage, religious marriage, religious accommodations, right to marry, gay rights, free exercise of religion

3.

Anti-Catholicism and Modern Church-State Relations

Number of pages: 52 Posted: 19 Dec 2001
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 574 (67,610)

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Roman Catholicism, Anti-Catholicism, Separation of church and state, Religion Clauses, Religious Liberty

4.

John Courtney Murray and Reinhold Niebuhr: Natural Law and Christian Realism

Journal of Catholic Social Thought, Vol. 3, 2006, U of St. Thomas Legal Studies Research Paper No. 05-20
Number of pages: 21 Posted: 15 Nov 2005
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 525 (75,558)

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John Courtney Murray, Reinhold Niebuhr, Christian social ethics, natural law, realism, Catholicism, Protestantism

5.

The Permissible Scope of Limitations on the Freedom of Religion and Belief in the United States

Emory Journal of International Law, Vol. 19, p. 1277, 2005, U of St. Thomas Legal Studies Research Paper No. 06-12
Number of pages: 45 Posted: 06 Apr 2006
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 493 (81,612)

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freedom of religion, freedom of belief, Religion Clauses, Free Exercise Clause, comparative religious freedom, comparative constitutional law

6.

What Same-Sex Marriage and Religious Liberty Claims Have in Common

Northwestern Journal of Law and Social Policy, Vol. 5, Summer 2010, U of St. Thomas Legal Studies Research Paper No. 10-12
Number of pages: 30 Posted: 05 Apr 2010 Last Revised: 17 Jan 2011
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 468 (86,840)
Citation 2

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same-sex marriage, religious liberty, First Amendment, free exercise of religion, religious freedom, sexual orientation, right to marry, accommodation of religion

7.

Intellectual Property and the Preferential Option for the Poor

Journal of Catholic Social Thought, Vol. 5, 2007, University of St. Thomas Legal Studies Research Paper No. 07-06
Number of pages: 33 Posted: 02 Mar 2007
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 434 (94,875)

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Intellectual property, international intellectual property, patents, copyrights, development, Catholic social thought, poverty, preferential option for the poor

8.

Religious Freedom, Church-State Separation, and the Ministerial Exception

Northwestern University Law Review Colloquy, Vol. 106, p. 175, 2011, Notre Dame Legal Studies Paper No. 11-38, University of Missouri School of Law Legal Studies Research Paper No. 2011-21
Number of pages: 17 Posted: 04 Oct 2011 Last Revised: 06 Jan 2012
Notre Dame Law School, University of St. Thomas, St. Paul/Minneapolis, MN - School of Law, affiliation not provided to SSRN and University of Missouri School of Law
Downloads 391 (107,024)
Citation 2

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Establishment Clause, religious freedom, religious liberty, separation of church and state, First Amendment, ministerial exception, Hosanna-Tabor

9.

Minority Religions and the Religion Clauses

Washington University Law Quarterly, Vol. 82, No. 3, 2004, U of St. Thomas Legal Studies Research Paper No. 05-02
Number of pages: 83 Posted: 10 Oct 2005
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 387 (108,303)

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Religion clauses, minority religions, separation of church and state, First Amendment, religious identity, government aid

10.

Can Religious Liberty Be Protected as Equality?

Texas Law Review, Vol. 85, No. 5, April 2007, University of St. Thomas Legal Studies Research Paper No. 07-04
Number of pages: 49 Posted: 21 Feb 2007
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 373 (112,822)

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Religious liberty, Religion Clauses, Religious equality, Free Exercise Clause, Establishment Clause

11.

Protecting Free Exercise Under Smith and After Smith

Cato Supreme Court Review 2020-21 (forthcoming), Virginia Public Law and Legal Theory Research Paper No. 2021-34, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 21-11
Number of pages: 23 Posted: 26 Jul 2021 Last Revised: 02 Aug 2021
Douglas Laycock and Thomas C. Berg
University of Virginia School of Law and University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 349 (121,550)

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Free exercise of religion, neutral and generally applicable laws, religious discrimination, religious exemptions, freedom of speech, freedom of association

12.

Progressive Arguments for Religious Organizational Freedom: Reflections on the HHS Mandate

Journal of Contemporary Legal Issues, Forthcoming, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 13-20
Number of pages: 56 Posted: 24 May 2013 Last Revised: 29 Jan 2014
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 343 (123,867)
Citation 2

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religious freedom, progressivism, free exercise of religion, religious accommodation, social services, social gospel, religious organizations, contraception, HHS mandate

13.

Lemon v. Kurtzman: The Parochial-School Crisis and the Establishment Clause

LAW AND RELIGION CASES IN CONTEXT, Leslie Griffin ed., Aspen Publishers, Forthcoming, U of St. Thomas Legal Studies Research Paper No. 09-14
Number of pages: 40 Posted: 05 Aug 2009
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 326 (130,807)

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Establishment clause, separation of church and state, Lemon test, religious education, First Amendment, religious liberty, desegregation, funding of religious activities

14.

The Pledge of Allegiance and the Limited State

Texas Review of Law and Politics, Vol. 8, Fall 2003
Number of pages: 41 Posted: 10 Mar 2004
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 308 (138,820)

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Religious freedom, First Amendment, Religion Clauses, Establishment Clause, Pledge of Allegiance, human rights

15.

The Story of the School Prayer Decisions: Civil Religion under Assault

FIRST AMENDMENT STORIES, Richard Garnett, Andrew Koppelman, eds., Foundation Press, 2011, U of St. Thomas Legal Studies Research Paper No. 11-18
Number of pages: 36 Posted: 06 Jun 2011
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 293 (146,208)

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First Amendment, Establishment Clause, Religious Freedom, Separation of Church and State, School Prayer, Civil Religion, Religious Minorities

16.

Vouchers and Religious Schools: The New Constitutional Questions

Number of pages: 93 Posted: 25 Jun 2003
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 279 (153,661)
Citation 2

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school choice, vouchers, religious freedom, separation of church and state, First Amendment

17.

Brief of Douglas Laycock, Thomas Berg, David Blankenhorn, Marie Failinger, and Edward Gaffney as Amici Curiae in Support of Petitioners in Same-Sex Marriage Cases (Obergefell v. Hodges etc.)

Virginia Public Law and Legal Theory Research Paper No. 25, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 15-08
Number of pages: 53 Posted: 15 Apr 2015 Last Revised: 16 Apr 2015
Douglas Laycock and Thomas C. Berg
University of Virginia School of Law and University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 274 (156,487)

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religious liberty, same-sex marriage, civil marriage, religious marriage, religious accommodations, right to marry, gay rights, free exercise of religion

18.

Religious Organizational Freedom and Conditions on Government Benefits

Georgetown Journal of Law & Public Policy, 2009, U of St. Thomas Legal Studies Research Paper No. 08-35
Number of pages: 74 Posted: 16 Nov 2008
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 230 (185,760)

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First Amendment, Religion Clauses, separation of church and state, religious freedom, Establishment Clause, Free Exercise Clause, unconstitutional conditions, tax exemptions, funding of religious institutions

19.

Foreword: Pro-Life Progressivism and the Fourth Option in American Public Life

University of St. Thomas Law Journal, Vol. 2, No. 2, p. 235, 2005, U of St. Thomas Legal Studies Research Paper No. 06-04
Number of pages: 12 Posted: 24 Jan 2006
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 221 (192,964)

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Abortion, euthanasia, progressivism, politics and culture, pro-life, pro-life progressivism, social justice, Catholic social teaching, pro-life feminism

20.

Religious Accommodation in the Welfare State

Harvard Journal of Law and Gender, 2014, Forthcoming, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 14-35
Number of pages: 55 Posted: 02 Nov 2014
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 203 (208,848)

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Religious freedom, religious accommodation, free exercise of religion, Establishment Clause, welfare state, regulatory state, Lochner v. New York, New Deal

21.

Race Relations and Modern Church-State Relations

Number of pages: 26 Posted: 25 Jun 2002
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 196 (215,582)

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Church and state, religious freedom, First Amendment, separation of church and state, vouchers, race, civil rights movement, social theology

22.

Espinoza, Government Funding, and Religious Choice

Journal of Law and Religion, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2020-61, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 20-19
Number of pages: 19 Posted: 25 Aug 2020 Last Revised: 02 Nov 2020
Thomas C. Berg and Douglas Laycock
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law and University of Virginia School of Law
Downloads 191 (220,527)

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Free exercise of religion, government funding, discrimination toward religion, neutrality toward religion, religious choice, religious voluntarism, substantive neutrality, establishment of religion, direct aid, vouchers, conditions on funding, religious exemptions

23.

Copying for Religious Reasons: A Comment on Principles of Copyright and Religious Freedom

Number of pages: 35 Posted: 06 Feb 2003
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 188 (223,575)

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copyright, fair use, religious freedom, free exercise, religious exemptions, internal religious disputes

24.

The Mistakes in Locke V. Davey and the Future of State Payments for Services Provided by Religious Institutions

Tulsa Law Review, Vol. 40, No. 2, 2005, U of St. Thomas Legal Studies Research Paper No. 05-09
Number of pages: 28 Posted: 12 Jan 2005
Thomas C. Berg and Douglas Laycock
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law and University of Virginia School of Law
Downloads 178 (234,371)

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Religion Clauses, free exercise, vouchers, funding of religious education

25.

Secular Purpose, Accommodations, and Why Religion is Special (Enough)

80 U. Chicago L. Rev. Dialogue 24 (2013), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 13-16
Number of pages: 20 Posted: 20 May 2013
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 172 (241,294)

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Religion Clauses, church and state, religious liberty, accommodation of religion, secular purpose, liberalism, Rawls

26.

What's Right and Wrong with the 'No Endorsement of Religion' Test

Washington University Journal of Law & Policy, Vol. 21, 2006, U of St. Thomas Legal Studies Research Paper No. 06-22
Number of pages: 14 Posted: 12 May 2006
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 167 (247,282)

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First Amendment, Religion Clauses, Establishment Clause, Endorsement of Religion, Religious Liberty, Accommodation of Religion

27.

Can State-Sponsored Religious Symbols Promote Religious Liberty?

Journal of Catholic Legal Studies, 2013, U of St. Thomas Legal Studies Research Paper No. 12-25
Number of pages: 26 Posted: 10 Sep 2012
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 142 (282,199)

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Religious freedom/religious liberty, Establishment Clause, First Amendment/Religion Clauses, Religious Symbols/Displays, Comparative Constitutional Law, European Human Rights Law, Human Rights

28.

Religious Choice and Exclusions of Religion

PENNumbra, 2008, U of St. Thomas Legal Studies Research Paper No. 08-32
Number of pages: 19 Posted: 01 Nov 2008
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 138 (288,565)

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First Amendment, Religion Clauses, Funding of Religion, Establishment Clause, Free Exercise Clause, Separation of Church and State, Religious Freedom

29.

Partly Acculturated Religious Activity: A Case for Accommodating Religious Nonprofits

Notre Dame Law Review, Vol. 91, Forthcoming, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 16-09
Number of pages: 38 Posted: 04 May 2016
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 137 (290,211)

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Religious freedom, religious organizations, religious accommodation, free exercise of religion, religious acculturation, religious nonprofits, religious schools, social services

30.

Freedom to Serve: Religious Organizational Freedom, LGBT Rights, and the Common Good

Religious Freedom, LGBT Rights, and The Prospects for Common Ground (William Eskridge, Jr. and Robin Fretwell Wilson eds., Cambridge University Press 2018), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 19-02
Number of pages: 20 Posted: 13 Mar 2019
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 131 (300,254)

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Religious organizations, religious freedom, LGBT rights, same-sex marriage, common good, civic virtue, religious nonprofits, religious social services, religious accommodation, empirical contributions of religious organizations, partly acculturated organizations

31.

Masterpiece Cakeshop: A Romer for Religious Objectors?

2017 Cato Supreme Court Review 139, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 18-16
Number of pages: 32 Posted: 10 Sep 2018
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 130 (302,066)

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LGBT rights, religious liberty, religious accommodation, same-sex marriage, free exercise of religion, neutrality toward religion, equal protection, sexual-orientation discrimination, animus, suspect classification, heightened scrutiny, polarization, negative polarization, Masterpiece Cakeshop, Rome

32.

Religious Freedom Amid the Tumult

Forthcoming, University of St. Thomas Law Journal, volume 17 (2021), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 20-13
Number of pages: 17 Posted: 18 Aug 2020
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 120 (320,321)

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Free exercise of religion, neutral and generally applicable laws, religious discrimination, devaluing religion, government funding, neutrality toward religion, religious choice, polarization, LGBTQ nondiscrimination, religious exemptions, racial equality and justice, protests for racial justice

33.

Religious Freedom and Nondiscrimination

50 Loyola University Chicago Law Journal 181 (2018), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 19-03
Number of pages: 30 Posted: 13 Mar 2019
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 117 (330,005)

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LGBT rights, religious liberty, religious accommodation, same-sex marriage, free exercise of religion, neutrality toward religion, equal protection, sexual-orientation discrimination, animus, suspect classification, heightened scrutiny, anti-Muslim, Islamophobia, anti-sharia laws, Masterpiece Cakesh

34.

Giving Our Better Angels a Chance: A Dialogue on Religious Liberty and Equality

Journal of Appellate Practice and Process, volume 21, issue 2 (forthcoming), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 21-03
Number of pages: 32 Posted: 22 Jan 2021
Alan E. Brownstein and Thomas C. Berg
University of California, Davis - School of Law and University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 107 (346,773)

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Religious liberty, Religious freedom, Free exercise of religion, Religious equality, Church-state relations, Establishment Clause, Polarization, Religious minorities, Discrimination against religion, Targeting of religion, LGBTQ equality, Religious exemptions, Religious conservatives, Religious nonp

35.

Foreword: Intellectual Property and Religious Thought

University of St. Thomas Law Journal, Vol. 10, p. 579, 2014, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 14-25
Number of pages: 13 Posted: 26 Jul 2014
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 99 (365,104)

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intellectual property, law and religion, IP law and policy

36.

Religious-School Financing and Educational Pluralism in the American Tradition

Antonianum Periodicum Trimestre, Vol. 84, 2009, U of St. Thomas Legal Studies Research Paper No. 09-13
Number of pages: 25 Posted: 08 May 2009 Last Revised: 24 Jun 2009
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 98 (367,491)

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Religion, First Amendment, Establishment Clause, religious schools, pluralism, comparative constitutional law

37.

Religious Displays and the Voluntary Approach to Church and State

Oklahoma Law Review, Forthcoming , U of St. Thomas Legal Studies Research Paper No. 10-13
Number of pages: 23 Posted: 05 Apr 2010
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 96 (372,228)

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religious liberty, First Amendment, Religion Clauses, Establishment Clause, religious freedom, separation of church and state

38.

Agape, Gift, and Intellectual Property

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 15-19
Number of pages: 25 Posted: 18 Aug 2015 Last Revised: 23 Aug 2015
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 91 (384,893)

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Intellectual property, Gift economy, IP law and policy, Law and religion, Christianity, Agape, Justice

39.

Religious Freedom and the Common Good: A Summary of Arguments and Issues

15 University of St. Thomas Law Journal 517 (2019), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 19-09
Number of pages: 12 Posted: 07 Sep 2019
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 88 (392,904)

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Religious organizations, religious freedom, common good, civic virtue, religious nonprofits, religious social services, African American church, Catholic social thought, international religious freedom, restrictions on religious freedom, empirical measures of religious freedom

40.

Life Patents, Religion, and Justice: A Summary of Themes

From PATENTS ON LIFE: RELIGIOUS, MORAL, AND SOCIAL JUSTICE ASPECTS OF BIOTECHNOLOGY AND INTELLECTUAL PROPERTY (Thomas C. Berg, Roman Cholij, and Simon Ravenscroft eds., Cambridge University Press, 2019, Forthcoming) , U of St. Thomas (Minnesota) Legal Studies Research Paper No. 19-20
Number of pages: 16 Posted: 31 Oct 2019
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
Downloads 84 (404,014)

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gene patents, life patents, biotechnology, morality and patents, product of nature, natural phenomena, Myriad, European patents, biological drugs, biopiracy, traditional knowledge/genetic resources, GM crops, patents and development, religious ethics, Catholic social thought, Jewish law, Islamic law

41.

'Christian Bigots' and 'Muslim Terrorists': Religious Liberty in a Polarized Age

LAW, FREEDOM, AND RELIGION: CONCEPTUALIZING A COMMON RIGHT (W. Cole Durham Jr., Javier Martínez Torron, and Donlu D. Thayer eds., Routledge, Jan. 1, 2021 Forthcoming), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 20-12
Posted: 15 Jul 2020 Last Revised: 27 Jul 2020
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law

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Religious freedom, Free exercise of religion, Muslim religious freedom, Travel ban Trump v. Hawaii, Religious neutrality, Religious hostility, Discrimination against religion, LGBTQ rights, Religious exemptions, Religious conservatives, Masterpiece Cakeshop case, Religious nonprofit institutions

42.

The Free Exercise of Religion Clause: Its Constitutional History and the Contemporary Debate

Thomas C. Berg, THE FREE EXERCISE OF RELIGION CLAUSE, Prometheus Books, 2007, U of St. Thomas Legal Studies Research Paper No. 08-08
Posted: 09 Apr 2008
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law

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Free Exercise of Religion, Free Exercise Clause, Religion Clause, First Amendment, Bill of Rights, Constitutional history, religious freedom, religious liberty, law and religion

43.

'Religious Structures Under the Federal Constitution' and 'Religiously Affiliated Education' in Religious Organizations in the United States: A Study of Identity, Liberty, and Law

University of St. Thomas Legal Studies Research Paper No. 07-10, RELIGIOUS ORGANIZATIONS IN THE UNITED STATES: A STUDY OF IDENTITY, LIBERTY, AND LAW, James Serritella, Thomas Berg, Cole Durham, Edward Gaffney, Craig Mousin, eds., Carolina Academic Press, 2006
Posted: 13 Apr 2007
Thomas C. Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law

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Religious liberty, religious organizations, religious education, private education, First Amendment, Free Exercise Clause, Establishment Clause