Title: Paternalism, Hostility, and Concern for the Slippery Slope: Factors in Judicial Decision-Making When Religion and Regulation Collide (1997 Third Year Paper)
Author(s): Supryia M. Ray
Subject & Subject keywords: Food and Drug Law "" "religous claims" "" "food and drug law" "" "factors in judicial decision"
Abstract:This paper will examine religious claims as they pertain to food and drug law issues, as exemplified by litigation surrounding 1) the Church of Scientology's use of an instrument known as the Hubbard Electrometer, and 2) sacramental drug use. After providing an overview of a number of religious claims, agency actions, and the litigation that ensued, I will identify three motivating factors that recur in and affect judicial decision-making, as well as evaluate their impact on the outcome of various cases. I will argue that court decisions with respect to government action against Scientology and sacramental drug use are motivated primarily by one or more of the following factors: paternalism; hostility; and/or fear of embarking upon a slippery slope.

PDF version (suitable for printing)

sray.pdf (complete document)

HTML version (suitable for viewing with web browser)

sray.html (complete document)

Rich Text Format version (suitable for use with word processor)

sray.rtf (complete document)

ZIP'ped version (suitable for downloading)

HLS.Library.Leda/raysm-paternalism_hostility_concern

Depositors authorize the Legal Information Institute to retain in perpetuity a digital copy of their scholarship and to provide, without charge, individual users of LEDA with the ability to view or print copies of a LEDA document for private, non-commercial use. Authors retain all other rights, including the rights of subsequent publication.