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Journal

2006

Religion

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Institution
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Articles 31 - 52 of 52

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Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver Jan 2006

Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver

Fordham Law Review

No abstract provided.


Families, Associations, And Political Pluralism, William A. Galston Jan 2006

Families, Associations, And Political Pluralism, William A. Galston

Fordham Law Review

No abstract provided.


Resolving The Controversy Over "Teaching The Controversy": The Constitutionality Of Teaching Intelligent Design In Public Schools, David R. Bauer Jan 2006

Resolving The Controversy Over "Teaching The Controversy": The Constitutionality Of Teaching Intelligent Design In Public Schools, David R. Bauer

Fordham Law Review

No abstract provided.


Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner Jan 2006

Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner

Cleveland State Law Review

Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …


Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden Jan 2006

Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden

Seattle University Law Review

The Administration's Faith-Based Initiatives would fail a constitutional challenge under the Establishment Clause of the First Amendment. Applying the three-pronged test developed in Lemon v. Kurtzman and Zelman v. Simmons-Harris, this Comment concludes that the Initiatives, (1) though purportedly secular, have been enacted for a sectarian purpose and are not neutral toward religion; (2) are coercive and fail to fulfill the condition of private choice because the rural poor, such as those in Franklin County, Washington, whom the Initiatives target, realistically cannot choose between non-religious and sectarian service providers; and (3) to the extent that Initiative funded programs can …


The Progressive Environmental Gospels Versus Classical Liberalism, Fred L. Smith Jr. Jan 2006

The Progressive Environmental Gospels Versus Classical Liberalism, Fred L. Smith Jr.

Case Western Reserve Law Review

No abstract provided.


Economics As Religion: A Reply To The Commenters, Robert H. Nelson Jan 2006

Economics As Religion: A Reply To The Commenters, Robert H. Nelson

Case Western Reserve Law Review

No abstract provided.


Beyond Economics As Religion, Peter J. Hill Jan 2006

Beyond Economics As Religion, Peter J. Hill

Case Western Reserve Law Review

No abstract provided.


But This Is Our Country: Religion, Identity, And The Culture Wars, T. Jeremy Gunn Jan 2006

But This Is Our Country: Religion, Identity, And The Culture Wars, T. Jeremy Gunn

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin Jan 2006

The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia Jan 2006

Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine Jan 2006

Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Accommodating Religion And Law In The Twenty-First Century, Andrew J. King Jan 2006

Accommodating Religion And Law In The Twenty-First Century, Andrew J. King

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler Jan 2006

Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Addressing The Aggravated Meeting Points Of Race And Religion, David Keane Jan 2006

Addressing The Aggravated Meeting Points Of Race And Religion, David Keane

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Thou Shalt Not?, Mark Strasser Jan 2006

Thou Shalt Not?, Mark Strasser

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Race, Religion, And Law: The Tension Between Spirit And Its Institutionalization, George H. Taylor Jan 2006

Race, Religion, And Law: The Tension Between Spirit And Its Institutionalization, George H. Taylor

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek Jan 2006

God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek

Journal of Law and Health

According to the 2004-2005 United States Census Bureau Statistical Abstract of the United States, Americans identify with at least thirty-five different self-described Christian religious groups. Of those Christian groups, there are at least four that have special tenets regarding medical treatment that are central to their religious beliefs. Together, members of the Jehovah's Witnesses, Church of God, Pentecostal Free Will Baptist Church, and Christian Science Church constitute slightly more than four-and-a-half percent of the United State's total population. . . Unfortunately, even though the First Amendment of the United States Constitution was designed on our founders' beliefs that religious freedom …


Could Jesus Serve On A Jury - Not In The Third Circuit: Religion-Based Peremptory Challenges In United States V. Dejesus And Bronshtein V. Horn, Anthony D. Foti Jan 2006

Could Jesus Serve On A Jury - Not In The Third Circuit: Religion-Based Peremptory Challenges In United States V. Dejesus And Bronshtein V. Horn, Anthony D. Foti

Villanova Law Review

No abstract provided.


Reconceptualizing Federalism, Erwin Chemerinsky Jan 2006

Reconceptualizing Federalism, Erwin Chemerinsky

NYLS Law Review

No abstract provided.


Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot Jan 2006

Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot

St. Mary's Law Journal

There are constitutional limitations that govern attempts to regulate the teaching of terrorism-encouraging ideologies. According to a 1999-2000 study by the National Center of Education Statistics, there are 152 full-time Islamic schools in the United States, schooling about 19,000 students. The primary concern is not that children will be instructed to immediately engage in terrorist acts, but that the teaching of a radical Islamist ideology will predispose them to join radical Islamist terrorist movements and engage in violence. The Free Exercise Clause and parental rights doctrine, however, might not by themselves bar the state from interfering in private education to …


Religion, Conflict And Peace, David Little Jan 2006

Religion, Conflict And Peace, David Little

Case Western Reserve Journal of International Law

No abstract provided.