Religious freedom at a crossroads

Article Abstract:

The Free Exercise and Establishment Clauses of the Constitution should be interpreted to support religious pluralism, instead of either the secularism favored by the Warren and Burger Courts or the statism of the Rehnquist Court. The Supreme Court under Warren and Burger was hostile or indifferent toward religion, interpreting free exercise weakly and establishment aggressively to promote secularism. The Rehnquist Court appears to be reducing free exercise rights while perhaps improving establishment doctrine. The state should protect religious freedom without favoring public religion or secularism.

Freedom of religion, Church and state

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The Resolution Trust Corporation's override regulation: freedom for intrastate branch banking

Article Abstract:

The 'override regulation' of the Resolution Trust Corp (RTC) allows failed thrifts to be operated as bank branches, overriding state laws governing branch banking. Although some states and local banking associations have challenged this regulation, it is within the RTC's statutory authority as granted by FIRREA. It also fulfills the policy objectives of resolving failed thrifts in a way that maximizes profit and helps reduce the cost to the federal government and taxpayers. In addition, state branch banking law, which is largely obsolete anyway, is overridden only in limited circumstances.

Analysis, Laws, regulations and rules, Branch banks, United States. Resolution Trust Corp.

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Title VII in the university: the difference academic freedom makes

Article Abstract:

Courts have tended to defer to academic institutions in the name of academic freedom, but reinstatement with tenure for successful plaintiffs in Title VII discrimination cases is consistent with academic freedom. Courts should not defer to academic decisionmaking that is illegitimately discriminatory. Furthermore, refusing to reinstate may deny the academic freedom of the plaintiff, which should not be given less emphasis than institutional academic freedom. Title VII requires 'complete relief' for successful plaintiffs, a policy which is subverted by the refusal to reinstate with tenure.

College teachers, College faculty, Discrimination in education, Educational discrimination, Academic freedom, Teacher tenure

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