Constitutional Law: Whitehorn v. State: Peyote and Religious Freedom in Oklahoma

Freedom and choice in constitutional law.

The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provi...

Constitutional Law

Religious Freedom and Economic Prosperity

The basic notion that an individual’s freedom to choose will advance society at large is a cornerstone of political philosophy and of the economic theory of the Western world. Early political philosophers such as John Stuart Mill and legendary economists such as Adam Smith have advocated a utilitarian approach to political and economic life, in which the advancement of one’s own interests also ...

For Religious Coexistence in Peace and Freedom

The Swiss Council of Religions decisively rejects the Minaret Initiative. The Council, which consists of leaders from the Christian, Jewish, and Muslim communities, is dedicated to protecting religious peace in Switzerland and to strengthening trust among the churches and religious communities. The Minaret Initiative would bring about just the opposite. It instrumentalizes religion for politica...

Constitutional Law: Parole Status

In Rose v. Haskins,' the Court of Appeals for the Sixth Circuit reiterated the orthodox view that since a prisoner parole system is not constitutionally compelled, parole status is merely a "privilege" regulated by statute and not circumscribed by either the specific constitutional guarantees applicable to a criminal proceeding nor the traditional safeguards of procedural due process. However, ...