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Articles 1 - 14 of 14
Full-Text Articles in Law
Faith And/In Medicine: Religious And Conscientious Objections To Maid, Daphne Gilbert
Faith And/In Medicine: Religious And Conscientious Objections To Maid, Daphne Gilbert
Dalhousie Law Journal
Across Canada, health care institutions that operate under the umbrella of religious traditions refuse to offer medical assistance in dying (MAiD) on the grounds that it violates their Charter-protected rights to freedom of religion and conscience. This article analyses the Supreme Court jurisprudence on section 2(a) and concludes that it should not extend to the protection of institutional rights. While the Court has not definitively pronounced a view on this matter, its jurisprudence suggests that any institutional right to freedom of religion would not extend to decisions on publicly-funded and legal health care. MAiD is a constitutionally-protected option for individuals …
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
Peter G. Danchin
This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …
Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin
Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin
Peter G. Danchin
No abstract provided.
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Peter G. Danchin
No abstract provided.
An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein
Scholarly Works
No abstract provided.
Bed Och Arbeta – Om Religionsfrihet I Arbetsliv Och Skola. Juridik + Samhälle + Praktik [Work And Pray – On Freedom Of Religion In Working Life And In Schools], Reinhold Fahlbeck
Bed Och Arbeta – Om Religionsfrihet I Arbetsliv Och Skola. Juridik + Samhälle + Praktik [Work And Pray – On Freedom Of Religion In Working Life And In Schools], Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Peter G. Danchin
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i
Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
On January 9, 2008 Washington College of Law at American University sponsored a conference entitled: Turkey: At the Crossroads of Secular West and Traditional East. This conference was percipitated by the recent election of the AKP party in Turkey and my trip to Turkey in summer 2007. In this short introduction to the American University International law Review symposium issue, I summarize the major issues raised in that one day conference specifically by Dean Haluk Kabaalioglu of Yeditepe University Facutly of Law, expert on EU law and Turkish-EU relations,and Professor Feroz Ahmad, the learned historian of modern Turkey. The aim …
Ora Et Labora: Clash Of Civilisations?, Reinhold Fahlbeck
Ora Et Labora: Clash Of Civilisations?, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Ora Et Labora – On Freedom Of Religion At The Work Place: A Stakeholder Cum Balancing Factors Model, Reinhold Fahlbeck
Ora Et Labora – On Freedom Of Religion At The Work Place: A Stakeholder Cum Balancing Factors Model, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Ora Et Labora – Thoughts On The Search For A Solution In Concordia, Reinhold Fahlbeck
Ora Et Labora – Thoughts On The Search For A Solution In Concordia, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Ora Et Labora: Bed Och Arbeta – Om Religionsfrihet I Arbetslivet [Ora Et Labora: Work And Pray – On Freedom Of Religion In Working Life], Reinhold Fahlbeck
Ora Et Labora: Bed Och Arbeta – Om Religionsfrihet I Arbetslivet [Ora Et Labora: Work And Pray – On Freedom Of Religion In Working Life], Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.
A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.
William & Mary Law Review
No abstract provided.
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Faculty Articles
Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …