Faith, Harm, and Neutrality: Some Complexities of Free Exercise Law
49 Pages Posted: 6 May 2006
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
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