No RFRAF allowed: the status of the Religious Freedom Restoration Act's federal application in the wake of City of Boerne v. Flores
Article Abstract:
The Religious Freedom Restoration Act is unconstitutional as applied to federal law as well as to state law. The U.S. Supreme Court interpreted the statute and declared it unconstitutional by reference to the relevant state law in City of Boerne v. Flores. The lower federal courts thereafter disagreed regarding the holding's application to federal law. Congress has exceeded its constitutional authority by enacting the statute which directly circumvents Article 5 of the Constitution and replaces the Free Exercise Clause with statutory legislation.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1998
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In need of correction: the "iron triangle" of the Prison Litigation Reform Act
Article Abstract:
The author contends that the Prison Litigation Reform Act of 1996 has made it more difficult for prisoners to win redress of complaints. A new system that protects prisoners' rights to a greater degree is proposed.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2001
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