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Articles 1 - 9 of 9
Full-Text Articles in Law
The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver
The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver
Johan D van der Vyver
ABOUT THE ARTICLE This article identifies the rules of international humanitarian law that have a bearing on the Israeli offensive in Gaza. It first of all attempts to establish whether or not Israel remained an Occupying Power after its disengagement from the Gaza Strip in 2005. If due to the control Israel continued to exercise over border crossings, electricity and water supplies and the like, Israel is found to be de facto in occupation of Gaza, the Hamas responses would qualify as a war of liberation, which in terms of Protocol I to the Geneva Conventions of 12 August 1949 …
Latest Surveys And Polls On Bascule Of Religion And Belief In Both The United Kingdom And Iran, Mohamad Ali Ali Yousefkhani Mr
Latest Surveys And Polls On Bascule Of Religion And Belief In Both The United Kingdom And Iran, Mohamad Ali Ali Yousefkhani Mr
Mohamad Ali Ali Yousefkhani
Numerous surveys indicate that the proportion of individuals who do not hold religious beliefs is steadily increasing. Religions and beliefs are notoriously difficult to measure, as they are not fixed or innate, and therefore any poll should be primarily treated as an indication of beliefs rather than a concrete measure. However, one of the foremost respected measures of religious attitudes is the annual British Social Attitudes Survey, further details of the latest report may be found on NatCen’s website
Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson
Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson
Eric Alan Isaacson
Recent discussions about the threat that same-sex couples hypothetically pose to the religious freedom of Americans whose religions traditions frown upon same-sex unions have largely overlooked the possibility that same-sex couples might have their own religious-liberty interest in being able to marry. The General Synod of the United Church of Christ brought the issue to the fore with an April 2014 lawsuit challenging North Carolina laws barring same-sex marriages. Authored by a lawyer who represented the California Council of Churches and other religions organizations as amici curiae in recent marriage-equality litigation, this article argues that although marriage is a secular …
God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii
God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii
James J. Woodruff II
In an attempt to provide clarity in the stormy seas presented at the intersection of church and state we have followed a three-step process to resolve religious liberty issues. A military commander may experience bewilderment when confronted with questions such as when is public prayer allowed or when can a religious artwork be displayed on amilitary installation. This article will review the three-step process to utilize in answering most religious-based First Amendment issues that arise during military operations. It will also provide a new manner of thinking regarding the separation of church and state.
La República Laica Y Sus Libertades. Las Reformas A Los Artículos 24 Y 40 Constitucionales, Javier Martín Reyes, Pedro Salazar Ugarte, Paulina Barrera Rosales, Vladimir Chorny Elizalde, Ana Gaitán Uribe, María De Guadalupe Salmorán Villar
La República Laica Y Sus Libertades. Las Reformas A Los Artículos 24 Y 40 Constitucionales, Javier Martín Reyes, Pedro Salazar Ugarte, Paulina Barrera Rosales, Vladimir Chorny Elizalde, Ana Gaitán Uribe, María De Guadalupe Salmorán Villar
Javier Martín Reyes
The Secular Republic and its Freedoms: Constitutional Amendments to Articles 24 and 40.
Adopted And Illegitimate Child Under Indian Christian Law: Revisiting Inheritance Rights, Archana Mishra
Adopted And Illegitimate Child Under Indian Christian Law: Revisiting Inheritance Rights, Archana Mishra
Archana Mishra
Christian law of inheritance in India regulated by Indian Succession Act, 1925 steered by rule of kinship recognizes only consanguinity as a determining factor for title to succession and does not protect the rights of adopted and illegitimate child to inherit property. Christian law though grants equal inheritance rights to sons and daughters and protects right to property of surviving spouse but allows only children born from valid marriage to inherit. Denial of inheritance rights to adopted and illegitimate children causes social and economic deprivations. Inheritance practices among Christians disallowing such rights to adopted or illegitimate children of the deceased …
Same-Sex Marriage And Religious Liberty Clashes In The U.S.: (A Constitutional Challenge), Patrick M. Talbot
Same-Sex Marriage And Religious Liberty Clashes In The U.S.: (A Constitutional Challenge), Patrick M. Talbot
Patrick M Talbot
Two major issues have surfaced on the clash between same-sex marriage, as a concept, and religious freedom to oppose it. These are the States' rights to keep the traditional definition of marriage as part of a time-honored standard, and the right of small businesses to abstain from events supporting same-sex unions, as a matter of conscience. The paper addresses both these and suggests what the SCOTUS ought to do in looking ahead to its June 2015 decision in Obergefell v. Hodges, et. al., and following the principles laid out in its Estate of Windsor, and Hobby Lobby cases of the …
Same-Sex Marriage And Religious Liberty Clashes In The U.S., After Obergefell V. Hodges: (An American Constitutional Challenge), Patrick M. Talbot
Same-Sex Marriage And Religious Liberty Clashes In The U.S., After Obergefell V. Hodges: (An American Constitutional Challenge), Patrick M. Talbot
Patrick M Talbot
This is a revision of an earlier article, to be published in a forthcoming book in Indonesia on religious liberty, in a comparative study of events in America. It examines two issues impacting religious liberty against a "right" to same-sex marriage, after SCOTUS' decision in Obergefell v. Hodges. Issue I is about the now lost right of States to adhere to a traditional definition of marriage, through a democratic process. Issue II is about the impact this case will have on religious vendors seeking to abstain from involvement in same-sex wedding and similar ceremonies (gay celebrations) on grounds of sincere …
Scrutinizing Polygamy: Utah's Brown V. Buhman And British Columbia's Reference Re: Section 293, Maura I. Strassberg
Scrutinizing Polygamy: Utah's Brown V. Buhman And British Columbia's Reference Re: Section 293, Maura I. Strassberg
Maura I Strassberg
In Brown v. Buhman, the recent challenge to the Utah law criminalizing polygamy brought by the stars of the reality television show Sister Wives, a federal district court determined both that strict scrutiny was required and that strict scrutiny could not be satisfied. A significant factor in this result was the state’s failure to mount a strong defense of the law, assuming that it could rely on long standing polygamy precedents such as the United States Supreme Court decision in Reynolds v. United States and more recent Tenth Circuit and Utah Supreme Court decisions to justify limiting scrutiny to rational …