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Articles 31 - 60 of 428
Full-Text Articles in Law
Dignity And Discrimination, Frederick Mark Gedicks
Dignity And Discrimination, Frederick Mark Gedicks
BYU Law Review
Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of dignity in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustration s. Part V lists other sites of accommodation …
With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace
With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace
BYU Law Review
No abstract provided.
Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Of Rights and Responsibilities: The Social Ecosystem of Religious Freedom
- I am the Woman Who Can
- Flashes of Light: Thoughts on Circumstantial Evidence
- Capital Markets and Human Flourishing
Read on Issuu
Faithfully Enforcing The Religious Liberty Guarantees Of The Northwest Territory States, Allan W. Vestal
Faithfully Enforcing The Religious Liberty Guarantees Of The Northwest Territory States, Allan W. Vestal
Brigham Young University Journal of Public Law
No abstract provided.
Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- In Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity
- Choose to Trust the Lord
- First Amendment Harms
- "To Do Justly, and to Love Mercy"
Read on Issuu
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
BYU Law Review
No abstract provided.
Mormon Profit: Brigham Young, Tithing, And The Bureau Of Internal Revenue, Samuel D. Brunson
Mormon Profit: Brigham Young, Tithing, And The Bureau Of Internal Revenue, Samuel D. Brunson
BYU Law Review
No abstract provided.
Religion In Judicial Decision-Making: An Empirical Analysis, René Reyes, Jessica W. Reyes
Religion In Judicial Decision-Making: An Empirical Analysis, René Reyes, Jessica W. Reyes
BYU Law Review
No abstract provided.
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
BYU Law Review
No abstract provided.
"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean
"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean
BYU Law Review
No abstract provided.
Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks
Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks
BYU Law Review
No abstract provided.
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
BYU Law Review
No abstract provided.
A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim
A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim
Brigham Young University Journal of Public Law
No abstract provided.
Clark Memorandum: Spring 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Declaring Human Dignity (Photographs by Steve McCurry)
- How Not to Be Stupid (Michael Mosman)
- Religion, Democracy, and the Habits of the Heart (Elder Bruce C. Hafen)
- Loving Our Neighbors (D. Carolina Núñez)
- Memoranda
Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Brigham Young University Education and Law Journal
No abstract provided.
Clark Memorandum: Fall 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Heroes of Unity: Latter-day Saints, the "Bonds of Affection," and the Atonement of Christ (Thomas B. Griffith)
- Defend Divinely Inspired Freedoms (Elder Quentin L. Cook)
- Homicides in the Old Testament and the Book of Mormon (John w. Welch)
- How to Enjoy the Ride: Choosing to Love in Life and Career (Sharla Smith Hales)
The Intertwined Existence Of Families And Religion, Lynn D. Wardle
The Intertwined Existence Of Families And Religion, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
The Intertwined Existence Of Families And Religion, L. Steven Brooks
The Intertwined Existence Of Families And Religion, L. Steven Brooks
Brigham Young University Journal of Public Law
No abstract provided.
Clark Memorandum: Spring 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2018, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- The Path of Present Intention (D. Gordon Smith)
- Scholarship as Dialogue and a Constructive Exercise: A Look at the Investitures of Three BYU Law Professors (D. Carolina Núñez)
- A Pattern of Timeless Moments: The J. Reuben Clark Law Society at 30 (Scott W. Cameron)
- "To Me He Doth Not Stink": Advocacy and Love (Gayla Moss Sorenson)
Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust
Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust
BYU Law Review
The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene
Brigham Young University Education and Law Journal
No abstract provided.
The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani
The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani
BYU Law Review
No abstract provided.
Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi
Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi
BYU Law Review
Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. …
Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs
Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs
BYU Law Review
No abstract provided.
The Agreements Between Church And State: The Italian Perspective, Elena Ervas
The Agreements Between Church And State: The Italian Perspective, Elena Ervas
BYU Law Review
This Article explores the recent approach of the Italian Constitutional Court regarding agreements between the Italian State and religious denomination, which regulate matters of common interest. The Italian approach is compared to the contemporary approach of the Spanish legal system. The Italian approach grants strong discretion in favor of the Government in this context, but by doing so, it risks inadequately protecting the religious freedom of religious denominations in light of current jurisprudence. Moreover, the broad discretion given to the Italian government seems not to be in line with the current jurisprudence of the European Court of Human Rights in …
The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’
The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’
BYU Law Review
No abstract provided.
A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz
A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz
BYU Law Review
Being political scapegoats in the indefinite “war on terror” is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures—extreme vetting, categorical bans, and mass deportations—to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim ban” issued by …
Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School
Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School
The Clark Memorandum
- A Graduate Program of Real Consequence (Kevin J Worthen)
- Promoting Religious Freedom in a Secular Age (Elder Lance B. Wickman)
- Religious Liberty Versus Secularity (Matthew S. Holland)
- Audacious Faith (Brett G. Scharffs)
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
BYU Law Review
Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies. …
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
BYU Law Review
The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …