Emory Law Journal

Volume 61Issue : Special

The Bederman Lecture on Law and Jurisprudence: Public Law & Custom

David J. Bederman | 61 Emory L.J. 949 (2012)

Law professors love puzzles. Give us a legal doctrine that does not make sense, or appears counterintuitive, or does not appear to comport with some methodological assumption, and we can spend months (if not years) plumbing its depths and producing reams of paper in exploring its contours. The good news today is that my exegesis shall be limited to the length of this lecture. Let me first set out the character of the puzzle and see if I cannot solve it in the time allotted.

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The Harold J. Berman Lecture: Religious Freedom—A Second-Class Right?

Mary Ann Glendon | 61 Emory L.J. 971 (2012)

Although the Bill of Rights does not establish a hierarchy among the values it seeks to protect, Supreme Court decisions over time have classified certain rights as essential to a fundamental scheme of ordered liberty. The prominent place of the First Amendment’s provisions protecting religious freedom on this “Honor Roll of Superior Rights” has seldom been openly challenged.

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