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Full-Text Articles in Law
Perceptions Of A Bible Belt State's Proposed Casino Gaming Legislation By Religious Affiliation: The Case Of Kentucky Residents, Desmond O. Brown, Mary G. Roseman, Sunny Ham
Perceptions Of A Bible Belt State's Proposed Casino Gaming Legislation By Religious Affiliation: The Case Of Kentucky Residents, Desmond O. Brown, Mary G. Roseman, Sunny Ham
UNLV Gaming Research & Review Journal
This study seeks to explore whether differences exist among Kentucky residents' perception of casino gaming based on religious affiliation. A survey was conducted to sample 600 residents regarding currently a widely debated introduction of land-based casinos in the state, yielding a response rate of 38.4%. The results support earlier studies regarding the impact religion has on people's attitudes toward gaming. The findings suggest that Catholics have a more positive attitude toward the legalization of gambling than persons of Protestant faiths.
Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon
Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon
Touro Law Review
For over fifty years, James Madison warned the American colonies and the new United States of America of the dangers of linking religion with government. Madison fought in his home state of Virginia to separate church and state and continued the fight as a congressman and as president. Between 2001 and 2009, President George W. Bush overtly linked religion with government. President Bush's efforts provide the opportunity to test President Madison's hypothesis that danger arises in American society when religion and government are linked. The Gallup Organization in its public opinion testing provides the means used in this Article to …
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
Pepperdine Law Review
No abstract provided.
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
Vaccines And The Law, Michael Sanzo Ph.D.
Vaccines And The Law, Michael Sanzo Ph.D.
Pepperdine Law Review
The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Pepperdine Law Review
No abstract provided.
Chipping Away At Discrimination At The Country Club, Jennifer Jolly-Ryan
Chipping Away At Discrimination At The Country Club, Jennifer Jolly-Ryan
Pepperdine Law Review
No abstract provided.
Analyzing An Experiment Gone Awry: A Unique Application Of Bacon's Corrective Model To The First Amendment Protection Of Essential Rights And Liberties, Nancy S. Williams
Analyzing An Experiment Gone Awry: A Unique Application Of Bacon's Corrective Model To The First Amendment Protection Of Essential Rights And Liberties, Nancy S. Williams
Pepperdine Law Review
No abstract provided.
Sex, Money, And Groups: Free Speech And Association Decisions In The October 1999 Term, Kathleen M. Sullivan
Sex, Money, And Groups: Free Speech And Association Decisions In The October 1999 Term, Kathleen M. Sullivan
Pepperdine Law Review
No abstract provided.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Marquette Elder's Advisor
No abstract provided.
Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert
Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert
Chicago-Kent Law Review
Flast v. Cohen held that federal taxpayers have standing to challenge government spending for religion. While Frothingham v. Mellon generally prohibits taxpayer standing in federal courts, the Court reasoned that the Establishment Clause specifically prohibits taxation in any amount to fund unconstitutional religious spending. For several decades Flast has been settled law that supplied jurisdiction in many leading establishment cases. But Hein v. Freedom from Religion Foundation, Inc. and Arizona Christian School Tuition Organization v. Winn signal that Flast may soon be overruled. This jurisdictional ferment raises two questions: Why this sudden shift? And what does it signify for the …
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Chicago-Kent Law Review
Some form of government neutrality toward religion, in contrast to a more pro-religion stance or a turn toward nonjusticiability, is the only interpretation of the Establishment Clause that can potentially lead to a national consensus concerning the proper role of religion in American public life. But to achieve that goal, neutrality theory must acknowledge and engage the need for the expressions of deep meaning on public occasions and in the public square generally. Current neutrality doctrine promotes a silent and empty public square. This article proposes an interpretation of neutrality that would allow a symbol-rich, meaning-full public square without violating …
Higher Law Secularism: Religious Symbols, Contested Secularisms, And The Limits Of The Establishment Clause, Zachary R. Calo
Higher Law Secularism: Religious Symbols, Contested Secularisms, And The Limits Of The Establishment Clause, Zachary R. Calo
Chicago-Kent Law Review
There are two dominant traditions of understanding the secular, both with long genealogical resonance in western thought: Christian secularity and secularism. The former links the secular to a theological narrative, while the latter defines the secular as standing over and against religion. Constitutional debate has commonly framed the issue of religious symbols as demanding resolution in favor of one of these traditions. Rather than offering a way to overcome the divide and the culture war it generates, the Court's jurisprudence has instead concretized the binary. Only by cultivating a new understanding of the secular in law might there emerge an …
The Future Of The Establishment Clause In Context: A Response To Ledewitz, Christopher C. Lund
The Future Of The Establishment Clause In Context: A Response To Ledewitz, Christopher C. Lund
Chicago-Kent Law Review
No abstract provided.
Lynch And The Lunacy Of Secularized Religion, Frederick Mark Gedicks
Lynch And The Lunacy Of Secularized Religion, Frederick Mark Gedicks
Nevada Law Journal
No abstract provided.
A Proposal To Expand The Religious Services Exemption Under The Copyright Act, Kevin M. Lemley
A Proposal To Expand The Religious Services Exemption Under The Copyright Act, Kevin M. Lemley
University of Arkansas at Little Rock Law Review
This article focuses on the religious services exemption to the Copyright Act. The religious services exemption is one of many exemptions that permit certain types of use without first obtaining permission from the copyright owner, or proving fair use. This article argues that the religious services exemption should be expanded to cover any work used in the course of services as well as the recording, broadcast, and transmission of the services.
The first part of this article analyzes the existing religious services exemption under the Copyright Act to define the bounds that uses fall under the exemption. The article then …
Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal
Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal
Dalhousie Law Journal
"Whistleblowing" is the act or process of alerting others to scandal, danger, malpractice, corruption or other wrongdoing. In this article, the authors assert that a strongly developed freedom of conscience, distinct from freedom of religion. could contribute to the development of socially-valuable whistleblowing. While conscience is often treated as inseparable from religion, the authors suggest that the deliberate inclusion of "conscience" in s. 2(a) of the Charter implies that "conscience" ought to be recognized as an independent and robust freedom. This then provides the framework for accepting and recognizing the importance of whistleblowing and lessening its socialstigma. The article presents …
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Pepperdine Law Review
In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …
Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy
Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy
Pepperdine Law Review
No abstract provided.
Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response, Robert J. Conrad Jr
Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response, Robert J. Conrad Jr
Pepperdine Law Review
No abstract provided.
The Wrong Question, John E. Acuff
Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman
Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman
Pepperdine Law Review
No abstract provided.
Christian Service In The Practice Of Law, Kenneth W. Starr
Christian Service In The Practice Of Law, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga
Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga
Pepperdine Law Review
No abstract provided.