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from antipolygamy laws—that an expansive religious-exemption re- gime would “permit every citizen to become a law unto himself.” 45 This, they
behavior of courts across the country. author. Yale Law School, J.D. 2019; Harvard Divinity School, M.T.S. 2016; University of Southern California
and local activists”). the yale law journal 128:792 2019 822 B. Lawyering for the People Judith Berkan and Ellen Chapnick were among the lawyers
diversity of religious beliefs” as reasons not to grant exemptions to neutral laws, lest courts create “a system in which each conscience is a law unto
standard does not require the government to show any specific rational basis for a challenged law and takes no account of a law’s disparate impact on a
at Yale Law School. author. Sudler Family Professor of Constitutional Law, NYU School of Law. I am grateful for comments received there and at a
BRIAN LANDSBERG LAWRENCE: UNIVERSITY PRESS OF KANSAS, 2007. PP. 264. $34.95 author. Associate Professor of Law, NYU School of Law. Thank you to
difference between civil laws like tort law and criminal law is] that criminal punishment, with emphasis on imprisonment, is on the whole more drastic than
Breyer concludes that an emphasis on legislative purpose “means that laws will work better for the people they are presently meant to affect. Law is
especially costly, be- cause they chill the very conduct the antitrust laws are designed to protect.”); infra Parts I & II. the yale law journal forum