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Record W94721453

Free Exercise of Religion: A Pragmatic and Comparative Assessment

2010· article· en· W94721453 on OpenAlexaboutno aff
Mark S. Kende

Bibliographic record

VenueSSRN Electronic Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicAmerican Constitutional Law and Politics
Canadian institutionsnot available
Fundersnot available
KeywordsPragmatismJurisprudenceFree Exercise ClauseContext (archaeology)Political scienceLaw and economicsConstitutional lawEpistemologySociologyLawPositive economicsFirst amendmentEconomicsHistoryPhilosophySupreme court
DOInot available

Abstract

fetched live from OpenAlex

This short article analyzes the leading free exercise of religion cases from the U.S., South Africa, and Canada. It reveals that the most well reasoned case (from Canada) take an approach that can be called “constitutional pragmatism.” This approach focuses on the factual details of the case, the social and historical context, and the likely consequences. It is also transparent in its justifications and openly balances the various competing factors on both sides of the case. Moreover, the weaker cases utilize more formalistic and abstract reasoning, tend to be overbroad , and therefore produce decisions that create doctrinal tensions with previous precedents. This comparative analysis can provide valuable lessons for religious liberty jurisprudence.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.013
metaresearch head score (Gemma)0.024
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.019
Threshold uncertainty score0.110

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0130.024
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0110.010
Science and technology studies0.0150.030
Scholarly communication0.0100.012
Open science0.0020.007
Research integrity0.0050.004
Insufficient payload (model declined to judge)0.0070.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.013
GPT teacher head0.321
Teacher spread0.308 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2010
Admission routes1
Has abstractyes

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