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2008

Religion

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Full-Text Articles in Law

Undressing Difference: The Hijab In The West, Anita L. Allen Jan 2008

Undressing Difference: The Hijab In The West, Anita L. Allen

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On March 15, 2006, French President Jacques Chirac signed into law an amendment to his country’s education statute, banning the wearing of "conspicuous" signs of religious affiliation in public schools. Prohibited items included "a large cross, a veil, or skullcap." The ban was expressly introduced by lawmakers as an application of the principle of government neutrality, "du principe de laïcité." Opponents of the law viewed it primarily as an intolerant assault against the hijab, a head and neck wrap worn by many Muslim women around the world. In Politics of the Veil, Professor Joan Wallach Scott …


'The Devil Is In The Details': A Continued Dissection Of The Constitutionality Of Faith-Based Prison Units, Lynn S. Branham Jan 2008

'The Devil Is In The Details': A Continued Dissection Of The Constitutionality Of Faith-Based Prison Units, Lynn S. Branham

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Faith-based prison units can afford prisoners who choose to be housed in them the concentrated and sustained spiritual nourishment that they believe they need to grow spiritually or in other ways. But critics claim that these units abridge the Establishment Clause. This Article debunks two of the arguments most frequently asserted against the constitutionality of faith-based units. The first is that prisoners cannot exercise a "true private choice" in the "inherently coercive" environment of a prison to live in such a unit. But court decisions confirm that confinement does not abnegate the voluntariness of other decisions made by prisoners, such …