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The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. RLUIPA tries to create a balance between local zoning authority and the free practice of religion. In particular, RLUIPA prohibits the government from imposing a ‘substantial burden’ on a person’s or religious institution’s ‘religious exercise’ unless the burden is the least restrictive means of furthering a compelling governmental interest. 42 U.S.C. §2000cc(a)(1).” Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.
In Spirit Of Aloha Temple v. County Of Maui, 132 F.4th 1148 (9th Cir. 2025), the court addressed the issue of whether the substantial burden test is a question of fact that should be presented to a jury, or a question of law to be determined by the court. The court noted that the First and Sixth Circuits had previously determined that the substantial burden issue is a question of law. In what was a case of first impression for the Ninth Circuit, the court agreed the substantial burden test is a question of law for the court to decide. However, after a detailed analysis which concluded it was a question of law, the court then applied an exception to the very rule it had just implemented.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.