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Articles 1 - 30 of 75
Full-Text Articles in Law
The Dilemma Of Liberal Pluralism, Abner S. Greene
The Dilemma Of Liberal Pluralism, Abner S. Greene
Buffalo Law Review
Supporters of reproductive rights and of queer rights may sometimes live in harmony with advocates for religious exemptions. But sometimes these goals conflict. This Article explores this tension as a matter of liberal democratic theory and U.S. constitutional law, offering a case for seeing a robust pluralism as contained within a proper understanding of the liberal democratic state. The state’s claimed authority may be the starting point, but just as the modern state was born in decentralized religious toleration, so should the modern state accommodate religious and other views of the good that compete with the state’s own views. The …
Preface, Rebecca Redwood French
A Nun, A Synagogue Janitor, And A Social Work Professor Walk Up To The Bar: The Expanding Ministerial Exception, Patrick Hornbeck
A Nun, A Synagogue Janitor, And A Social Work Professor Walk Up To The Bar: The Expanding Ministerial Exception, Patrick Hornbeck
Buffalo Law Review
Some employees who hold significant positions within some religious organizations fall outside the protections of certain laws, especially employment discrimination laws. But which employees, which organizations, and which laws? In its 2020 decision in Our Lady of Guadalupe School v. Morrissey-Berru, the Supreme Court reaffirmed the “ministerial exception” doctrine, a constitutional immunity that is “extraordinarily potent” where applicable.1 The doctrine exempts religious employers from liability for nearly all forms of discrimination, some torts, and some breaches of contract, even when an employer does not act for religious reasons.
This Article argues that Our Lady of Guadalupe School marks a …
Respondeat Superior Vicarious Liability For Clergy Sexual Abuse: Four Approaches, Patrick Hornbeck
Respondeat Superior Vicarious Liability For Clergy Sexual Abuse: Four Approaches, Patrick Hornbeck
Buffalo Law Review
No abstract provided.
Unclear Hostility: Supreme Court Discussions Of “Hostility To Religion” From Barnette To American Legion, Mark Satta
Unclear Hostility: Supreme Court Discussions Of “Hostility To Religion” From Barnette To American Legion, Mark Satta
Buffalo Law Review
Appeals to “hostility to religion” have been a regular part of the Supreme Court’s First Amendment jurisprudence for the last eighty years, but in all that time the Court has never provided a clear explanation of what constitutes “hostility to religion.” This lack of explanation has recently become increasingly troubling given the significant role that the concept of “hostility to religion” has played in several high-profile Supreme Court decisions within the last two years, including Masterpiece Cakeshop v. Colorado, Trump v. Hawaii, and American Legion v. American Humanist Association. In this paper, I provide a thorough and detailed history of …
Abstraction From The Religious Dimension, Sohail Wahedi
Abstraction From The Religious Dimension, Sohail Wahedi
Buffalo Human Rights Law Review
No abstract provided.
Exorcising The Clergy Privilege, Christine P. Bartholomew
Exorcising The Clergy Privilege, Christine P. Bartholomew
Journal Articles
This Article debunks the empirical assumption behind the clergy privilege, the evidentiary rule shielding confidential communications with clergy. For over a century, scholars and the judiciary have assumed generous protection is essential to foster and encourage spiritual relationships. Accepting this premise, all fifty states and the District of Columbia have adopted virtually absolute privilege statutes. To test this assumption, this Article distills data from over 700 decisions — making it the first scholarship to analyze state clergy privilege jurisprudence exhaustively. This review finds a privilege in decline: courts have lost faith in the privilege. More surprisingly, though, so have clergy. …
Modem Day Slavery: A Socio-Legal Analysis Of Slavery-Like Offences In Charismatic Cults, Hava Dayan
Modem Day Slavery: A Socio-Legal Analysis Of Slavery-Like Offences In Charismatic Cults, Hava Dayan
Buffalo Human Rights Law Review
No abstract provided.
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill
Buffalo Law Review
No abstract provided.
Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla A. Higgins
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens
An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
What Is Buddhist Law? Opening Ideas, Rebecca Redwood French
What Is Buddhist Law? Opening Ideas, Rebecca Redwood French
Buffalo Law Review
No abstract provided.
Buddhism And Law In Tibet, Rebecca Redwood French
Buddhism And Law In Tibet, Rebecca Redwood French
Contributions to Books
Published as Chapter 17 in Buddhism and Law: An Introduction, Rebecca Redwood French & Mark A. Nathan, eds.
The Tibetan plateau is an immense high-altitude desert that, except for a few larger towns, was very sparsely populated with agriculturalists, nomadic herders, and merchant traders prior to 1960. The small population and minimal urbanization are the most important distinguishing features of this Buddhist country because concentrated populations are commonly connected to the development of government administration, law, and intellectual production. Despite this, Tibetan culture is known for its long history of enormous production of literary, scholarly, and religious works. Books on …
The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz
The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz
Buffalo Public Interest Law Journal
No abstract provided.
Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano
Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne S Y Cheung
Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne S Y Cheung
Buffalo Human Rights Law Review
When the liberty to freely express oneself is at odds with another's right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom …
From Ankara To Strasbourg: Developing A Comprehensive Supranational Litigation Strategy For Patriarchal Preservation In Turkey, Joshua B. Gessling
From Ankara To Strasbourg: Developing A Comprehensive Supranational Litigation Strategy For Patriarchal Preservation In Turkey, Joshua B. Gessling
Buffalo Human Rights Law Review
No abstract provided.
Parental Rights And The State Regulation Of Religious Schools, Matthew J. Steilen
Parental Rights And The State Regulation Of Religious Schools, Matthew J. Steilen
Journal Articles
In Wisconsin v. Yoder, the United States Supreme Court invalidated convictions of several Amish parents for removing their children from school in violation of state mandatory attendance laws. In reaching its decision, the Court argued that protecting the Amish parents’ decisions fit into a longstanding American tradition of giving parents control over the upbringing of their children. Yet the Supreme Court mischaracterized the history of parental rights and state interests in education. Contemporary historical research shows that parents have long ceded a large measure of control to the state in the education of their children. Still, very little has been …
Death By A Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions Of Higher Learning, Mark Strasser
Death By A Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions Of Higher Learning, Mark Strasser
Buffalo Law Review
No abstract provided.
Law And Religion In Colonial America, Mark Mcgarvie, Elizabeth B. Mensch
Law And Religion In Colonial America, Mark Mcgarvie, Elizabeth B. Mensch
Contributions to Books
Published in Cambridge History of American Law, Volume 1: Early America (1580-1815), Michael Grossberg & Christopher Tomlins, eds.
The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick
The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick
Buffalo Law Review
No abstract provided.
"Necessary Evil": The Growth Of A System Of Judicial Courts And The Responses It Evoked Among The Buddhist Monastic Community In Ancient Sri Lanka, R.A.L.H. Gunawardana
"Necessary Evil": The Growth Of A System Of Judicial Courts And The Responses It Evoked Among The Buddhist Monastic Community In Ancient Sri Lanka, R.A.L.H. Gunawardana
Buffalo Law Review
No abstract provided.
An Introduction To The Conference With The Dalai Lama On Law, Buddhism, And Social Change, Rebecca R. French
An Introduction To The Conference With The Dalai Lama On Law, Buddhism, And Social Change, Rebecca R. French
Buffalo Law Review
No abstract provided.
Eight Possible Questions To Address To The Dalai Lama, Buffalo Law Review
Eight Possible Questions To Address To The Dalai Lama, Buffalo Law Review
Buffalo Law Review
No abstract provided.
Universal Compassion And The Lawyer's Duty, James L. Magavern
Universal Compassion And The Lawyer's Duty, James L. Magavern
Buffalo Law Review
No abstract provided.
Internal Motivations, External Coercion, And Educating For Happiness, Kenneth Shockley
Internal Motivations, External Coercion, And Educating For Happiness, Kenneth Shockley
Buffalo Law Review
No abstract provided.
Law, Buddhism, And Social Change: A Conversation With The 14th Dalai Lama September 20-21, 2006, Buffalo Law Review
Law, Buddhism, And Social Change: A Conversation With The 14th Dalai Lama September 20-21, 2006, Buffalo Law Review
Buffalo Law Review
No abstract provided.
The Dalai Lama Speaks On Law, Rebecca R. French
The Dalai Lama Speaks On Law, Rebecca R. French
Buffalo Law Review
No abstract provided.
The Ideal And Non-Ideal In Behavior Guidance: Reflections On Law And Buddhism In Conversation With The Dalai Lama, Kenneth M. Ehrenberg
The Ideal And Non-Ideal In Behavior Guidance: Reflections On Law And Buddhism In Conversation With The Dalai Lama, Kenneth M. Ehrenberg
Buffalo Law Review
No abstract provided.
Religiosity And The Invocation Of Law In The Conversation With The Dalai Lama, David M. Engel
Religiosity And The Invocation Of Law In The Conversation With The Dalai Lama, David M. Engel
Buffalo Law Review
No abstract provided.