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March 13, 2013

Helfand's Testimony: Implied Consent Institutionalism

My friend Michael Helfand (Pepperdine) will be appearing with me at the US Commission on Civil Rights briefing next week, and he passes along his testimony.  Michael's approach to the religious institution question, as developed not only here but also in some of his other excellent work, depends to an extent on a very interesting (and, I think, provocative) concept of implied consent derived from the individual and granted to the institution.  He locates some of the constitutional root of this idea in Watson v. Jones (1872).  

Posted by Marc DeGirolami on March 13, 2013 at 01:57 PM in DeGirolami, Marc | Permalink