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Protecting Freedom of Religion in Prison: The Free Exercise Clause and RLUIPA

CURRENT ISSUES IN CONSTITUTIONAL LITIGATION: A CONTEXT AND PRACTICE CASEBOOK, p. 615, Michael Hunter Schwartz, ed., Carolina Academic Press, 2011

72 Pages Posted: 6 Feb 2011 Last revised: 21 Feb 2011

Evelyn M. Tenenbaum

Albany Law School

Sarah E. Ricks

Rutgers School of Law - Camden

Date Written: 2011

Abstract

Protecting Freedom of Religion in Prison: The Free Exercise Clause and RLUIPA is a sample chapter from Current Issues in Constitutional Litigation: A Context and Practice Casebook (Carolina Academic Press, 2011). The casebook implements the ideas in the Carnegie Foundation’s Educating Lawyers (2007) and in Best Practices for Legal Education (2007) by integrating doctrine and skills and using multiple methods of instruction. In the casebook, Sarah Ricks, Rutgers School of Law - Camden, focuses on the constitutional and statutory doctrines necessary to litigate 4th, 8th, and 14th Amendment claims. Evelyn Tenenbaum contributed the chapter on 1st Amendment religion claims that arise in prison - which is described below and can be downloaded here - and a chapter on the Eleventh Amendment. The table of contents for the casebook can be downloaded on this site and is included after the chapter.

The sample chapter on Protecting Freedom of Religion in Prison begins by giving background information so students can appreciate the difficulties involved in accommodating prisoners’ religious needs and the importance of recognizing prisoners’ religious practices. Next, the chapter shows how the standards for evaluating federal, state, and local prisoners’ First Amendment religious claims have developed over the past fifty years. The chapter ends with a more contextualized discussion of particular free exercise issues and how the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First Amendment apply to prisoner free exercise claims today. The chapter includes charts and illustrations and contains questions and simulations designed to allow students to assume the roles of legislators, policy-makers for a government agency, fact finders, and litigators.

Keywords: constitutional law, constitutional rights, First Amendment, Free Exercise, civil rights, prisoner litigation, inmate, prisoner, RFRA, Religious Freedom Restoration Act, RLUIPA, Religious Land Use and Institutionalized Persons Act, inmate preachers, Carnegie, Best Practices

Suggested Citation

Tenenbaum, Evelyn M. and Ricks, Sarah E., Protecting Freedom of Religion in Prison: The Free Exercise Clause and RLUIPA (2011). CURRENT ISSUES IN CONSTITUTIONAL LITIGATION: A CONTEXT AND PRACTICE CASEBOOK, p. 615, Michael Hunter Schwartz, ed., Carolina Academic Press, 2011 . Available at SSRN: https://ssrn.com/abstract=1755158

Evelyn Tenenbaum (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

Sarah E. Ricks

Rutgers School of Law - Camden ( email )

NJ
United States
856-225-6419 (Phone)
856-225-6516 (Fax)

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