RLUIPA Litigation in the Fourth Circuit: Doctrinal Updates and Strategies

RLUIPA Litigation in the Fourth Circuit: Doctrinal Updates a

RLUIPA Litigation in the Fourth Circuit: Doctrinal Updates a

This panel will focus on recent developments in the case law of Maryland and the Fourth Circuit concerning the Religious Land Use and Institutionalized Persons Act of 2000, or RLUIPA. We will begin with a RLUIPA crash course for attendees who are new to this fascinating area of law, or who might need a refresher. We then will analyze the Fourth Circuit’s “reasonable expectations” framework and some recent cases that have tested the boundaries of that framework. We also will look to case law to understand what does, and does not, satisfy the government’s burden in a strict scrutiny analysis, when a prima facie RLUIPA violation has been established. We will conclude with some thoughts about emerging issues in RLUIPA jurisprudence, and risk mitigation and litigation strategies for consideration by RLUIPA plaintiffs and defendants.

Presented by Joseph Dugan, Esq. and Meghan K. Casey, Esq. of Gallagher Evelius & Jones LLP

One hour credit will be offered for the surrounding MCLE states of Virginia, Delaware and Pennsylvania.

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