The Unbearable Lightness of Free Exercise Under Smith: Exemptions, Dasein, and The More Nuanced Approach of the Japanese Supreme Court

Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Suggests that the Employment Division v. Smith decision was predictable. Smith is an intellectually uninquisitive and reflexive decision that reinforces embedded cultural notions about religion and religious exemptions.

Description

Keywords

Free Exercise jurisprudence, Employment Division v. Smith, Overcoming preconceptions of the Japanese Supreme Court, Matsumoto v. Kobayashi, Reflection of formal neutrality, Smith-style general applicability

Citation

Frank S. Ravitch, The Unbearable Lightness of Free Exercise Under Smith: Exemptions, Dasein, and The More Nuanced Approach of the Japanese Supreme Court, 44 Tex. Tech L. Rev. 259 (2011-2012)