Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A shipment of non-conforming goods sent in response to an order for prompt shipment. The shipment constitutes acceptance unless the seller seasonably notifies the buyer that the goods are offered only as an accommodation.
A shipment of non-conforming goods sent in response to an order for prompt shipment. The shipment constitutes acceptance unless the seller seasonably notifies the buyer that the goods are offered only as an accommodation.
Select any source to read its text and confirm it supports the definition.
An exemption or adjustment that permits religious practice to proceed despite a generally applicable legal requirement. The adjustment arises when a law creates discretionary exceptions for secular reasons but refuses comparable relief for religious conduct.
Select any source to read its text and confirm it supports the definition.
An exemption or adjustment that permits religious practice to proceed despite a generally applicable legal requirement. The adjustment arises when a law creates discretionary exceptions for secular reasons but refuses comparable relief for religious conduct.
Each sense below has its own examples, sources, and questions.
Anchor Bank orders 500 conforming circuit boards from Artemis Logistics for immediate delivery. Artemis ships 500 slightly different boards and includes a letter stating the shipment is offered only as an accommodation because conforming boards are unavailable. The letter prevents the shipment from operating as acceptance.
Adrian Aguilar faces federal charges for possessing a firearm near a school. He argues the statute exceeds congressional power and disrupts local control over education policy. The challenge tests whether the federal rule improperly overrides state interests without sufficient justification.
Ava Adebayo refuses to lead her class in the flag salute because of religious convictions. School officials deny any exception even though they routinely excuse students from other civic exercises for secular reasons. The denial leaves Ava subject to discipline under the uniform policy.
Alexandra Armstrong keeps her children out of formal high school after age thirteen so they can receive vocational training consistent with her faith. State officials prosecute the family under the attendance statute even though the community demonstrates self-sufficiency and law-abiding conduct. The prosecution proceeds without any religious exception.
Abigail Alvarez seeks to enlarge her church building to accommodate growing attendance. City officials deny the permit under a historic-preservation ordinance that contains no mechanism for individualized exemptions. The denial forces the congregation to forgo the expansion.
Aaron Adams ingests peyote during a religious ceremony. State prosecutors charge him under a neutral drug law that contains no exception for sacramental use. The prosecution treats the religious conduct the same as any other violation of the controlled-substance statute.
A law is not generally applicable when officials retain discretion to grant individualized exemptions for secular reasons but refuse comparable relief for religious conduct. The presence of that discretionary mechanism triggers strict scrutiny even if few exemptions are actually awarded.
Supporting sources
No. When parents demonstrate a sincere religious practice and offer a proven alternative educational system that meets the state's core interests in producing self-sufficient citizens, the Free Exercise Clause can require an exemption from the attendance statute.
Supporting sources
Prison regulations that burden constitutional rights are reviewed for a reasonable relationship to legitimate penological interests. A blanket ban on monitored spousal email fails that test when monitoring tools already exist and no evidence shows abuse of the communication channel.
Supporting sources
Compelled disclosure of membership lists can chill associational rights when exposure itself triggers harassment or economic harm. An organization may assert third-party standing to challenge the requirement on behalf of members who cannot litigate individually without incurring the very injury the statute creates.
Supporting sources
…required, and that the appropriate occasions for its creation can be discerned by the courts. It may fairly be said that leaving accommodation to the political process will place at a relative disadvantage those religious practices that are not widely engaged in; but that unavoidable consequence of democratic government must be…