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- Kennedy v. Bremerton School District; School Board; Legislative Prayer; Legislative Prayer Exception; Lemon; Lemon v. Kurtzman; Lemon Test; Endorsement Test; Coercion Test; Prayer; Prayer in School; McCarty; Chino Valley (1)
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- Reproductive health; Hospital merger; Hospital mergers; Secular and nonsecular merger; secular and nonsecular mergers; Access to care; Full spectrum health care; Abortion access; Antitrust law; Sherman act; Clayton act; Merger guidelines; Protecting access to care; Health care (1)
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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
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
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
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
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
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
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
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
Religion And Social Coherentism, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Religion And Marriage Equality Statutes, Nelson Tebbe
Religion And Marriage Equality Statutes, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
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
The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Government Nonedorsement, Nelson Tebbe
Nonbelievers, Nelson Tebbe
Joining Or Changing The Conversation - Catholic Social Thought And Intellectual Property, Frank Pasquale
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
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
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin
Faculty Scholarship
No abstract provided.
Excluding Religion, Nelson Tebbe
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Free Exercise And The Problem Of Symmetry, Nelson Tebbe
Free Exercise And The Problem Of Symmetry, Nelson Tebbe
Faculty Scholarship
No abstract provided.