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Articles 1 - 19 of 19

Full-Text Articles in Law

When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District, Jordan Halper May 2024

When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District, Jordan Halper

Brooklyn Law Review

The COVID-19 pandemic fanned the flames of a fire that had been slowly but steadily burning since 2016, arming the loudest warriors of America’s endless culture war with a slew of new divisive issues. Virtually overnight, parental rights groups began capitalizing on the frustration in their communities in order to spur political change, training their ire toward public schools. What began as a crusade against mask mandates and vaccines manifested into a well-funded effort by ultraconservative groups to undermine the public education system as a whole. Against this backdrop, the legislative prayer exception—which was meant to sanction the practice of …


The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson Dec 2023

The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson

Brooklyn Journal of International Law

In 2022, the United States Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which ended the federal abortion protection established under Roe v. Wade. The Court reasoned that abortion restriction is properly regulated by state governments, and thus a federal abortion law scheme is unconstitutional. In substance, the Court was safeguarding the enduring political and legal principle of federalism. This Note draws a comparison between the United States’ treatment of federalism and foreign jurisdictions’ treatment of religion within the context of abortion. This Note argues that the United States’ preoccupation with federalism is analogous to appeals to religion in …


Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar Sep 2021

Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar

Brooklyn Law Review

Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …


Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim May 2019

Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim

Brooklyn Law Review

At first glance, religious courts, especially Sharia courts, seem incompatible with secular, democratic societies. Nevertheless, Jewish and Islamic courts operate in countries like the United States, England, and Israel. Scholarship on these religious courts has primarily focused on whether such religious legal pluralism promotes the value of religious freedom, and if so, whether these secular legal systems should accommodate the continued existence of these courts. This article shifts the inquiry to determine whether religious courts in these environments accommodate litigants’ popular opinions and the secular, procedural, and substantive justice norms of the country in which they are located. This article …


The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown Dec 2017

The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown

Brooklyn Journal of International Law

Iran is home to an estimated 300,000 members of the Bahá’í faith, a global religion that originated in Iran in the early nineteenth century. Since the faith’s inception, thousands of Bahá’ís have been killed, imprisoned, and tortured. Today, they are unable to attend colleges and universities, hold business licenses, bury their dead, or gather for worship. Since the Islamic Revolution in 1979, the current regime has worked to systemically impede the progress of the Bahá’í community. While hundreds of Bahá’ís have died at the hands of the current regime, the high threshold for bringing a case under the intent prong …


How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe Jul 2016

How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa Mortazavi Jan 2016

Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa Mortazavi

Brooklyn Law Review

The law recognizes a right to legal redress for exposure to food that is tainted in the sense of being toxic or poisonous, but what about exposure to food products individuals find socially, morally, or religiously repugnant? Jews eating “kosher” hot dogs containing standard non-kosher meats. Vegetarians fed beef. Muslims ingesting vitamins containing pork. Aren’t these food products also “tainted”? Despite the fact that the American legal system has long recognized the need to protect individual dignitary rights, the law provides little meaningful redress in these situations or other instances of offensive food taint. So why has food autonomy, an …


Religion And Social Coherentism, Nelson Tebbe Nov 2015

Religion And Social Coherentism, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Religion And Marriage Equality Statutes, Nelson Tebbe Jan 2015

Religion And Marriage Equality Statutes, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe Mar 2014

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Faculty Scholarship

No abstract provided.


The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe Jan 2014

The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Government Nonedorsement, Nelson Tebbe Dec 2013

Government Nonedorsement, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Nonbelievers, Nelson Tebbe Jan 2011

Nonbelievers, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Joining Or Changing The Conversation - Catholic Social Thought And Intellectual Property, Frank Pasquale Jan 2011

Joining Or Changing The Conversation - Catholic Social Thought And Intellectual Property, Frank Pasquale

Faculty Scholarship

No abstract provided.


Is Law - Constitutional Crisis And Existential Anxiety, Alice Ristroph Jul 2009

Is Law - Constitutional Crisis And Existential Anxiety, Alice Ristroph

Faculty Scholarship

No abstract provided.


Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin Jan 2009

Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin

Faculty Scholarship

No abstract provided.


Excluding Religion, Nelson Tebbe Jan 2008

Excluding Religion, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe Jan 2007

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Free Exercise And The Problem Of Symmetry, Nelson Tebbe Jan 2005

Free Exercise And The Problem Of Symmetry, Nelson Tebbe

Faculty Scholarship

No abstract provided.