|
Student Publications Homepage
ARTICLE CONTENTS
[Pages 205-254]
TOP OF ARTICLE
Introduction
I. The Evolution of the Historic Preservation Movement
A. Historic Preservation’s Humble Beginnings
B. The National Historic Preservation Act of 1966 and the Subsequent Growth of the Historic Preservation Movement
C. The Landmark Penn Central Decision: The Supreme Court Upholds Historic Preservation as a Valid Use of the Police Power
II. The Evolution of Free Exercise Jurisprudence and the Ever-Changing Scope of the Free Exercise Clause
A. The Origins of the Free Exercise Clause and Its Inclusion in
the First Amendment
B. Early Free Exercise Jurisprudence: From the Rational Basis Test to the Compelling Interest Test
C. The Smith Revolution and the Death of Strict Scrutiny
III. The Effect of Employment Division v. Smith’s Ambiguities on Courts Considering Free Exercise Challenges
to Historic Preservation Laws
A. An Introduction to the Free Exercise/Historic Preservation Conflict
B. Free Exercise and Historic Preservation Conflicts Decided Before Smith Under the Sherbert v. Verner Compelling Interest Analysis
C. The Effect of Smith’s Neutral and Generally Applicable Requirement on the Free Exercise/Historic Preservation Conflict
D. The Effect of Smith’s Individualized Exemption Exception on the Free Exercise/Historic Preservation Conflict
E. The Effects of Smith’s Hybrid Rights Exception on the Free Exercise/Historic Preservation Conflict
IV. Analysis of the Current State of the Free Exercise/ Historic Preservation Conflict and a Proposal
for a More Adequate Balance of Free Exercise
Rights and Historic Preservation Interests
A. Analysis of the Failure of Employment Division v. Smith
in Free Exercise Challenges to Preservation Ordinances
B. A Proposal for a Case by Case Balancing Test That Provides a
More Equitable Judicial Analysis for Free Exercise and
Historic Preservation Conflicts
Conclusion
|
