Faith, Harm, and Neutrality: Some Complexities of Free Exercise Law

49 Pages Posted: 6 May 2006

Abstract

This Essay reviews Professor Marci Hamilton's God vs. the Gavel (2005). The Essay surveys several areas of recent free exercise controversy in light of Hamilton's defense of a robust harm principle as the proper analytical framework for free exercise analysis. It then takes the example of religiously-based insanity defenses as an illustration of the conceptual difficulties that arise at the intersection of religious belief and criminal law.

Keywords: first amendment, free exercise, religion, insanity, lawrence

Suggested Citation

Mason, Caleb E., Faith, Harm, and Neutrality: Some Complexities of Free Exercise Law. Duquesne University Law Review, Vol. 44, p. 225, 2006, Available at SSRN: https://ssrn.com/abstract=899293

Caleb E. Mason (Contact Author)

Werksman Jackson & Quinn, LLP ( email )

888 W. 6th St
4th Floor
Los Angeles, CA 90017-____
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
59
Abstract Views
1,133
rank
487,208
PlumX Metrics