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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 …
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 …
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.
What Is Buddhist Law? Opening Ideas, Rebecca Redwood French
What Is Buddhist Law? Opening Ideas, Rebecca Redwood French
Buffalo Law Review
No abstract provided.
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.
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.
Some Notes On The Buddha As A Law Giver, Vesna Wallace
Some Notes On The Buddha As A Law Giver, Vesna Wallace
Buffalo Law Review
No abstract provided.
Separation Of Religion And Law?: Buddhism, Secularism And The Constitution Of Bhutan, Richard W. Whitecross
Separation Of Religion And Law?: Buddhism, Secularism And The Constitution Of Bhutan, Richard W. Whitecross
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.
Law, Authority, And Gender In Post-Revolutionary Iran, Louise Halper
Law, Authority, And Gender In Post-Revolutionary Iran, Louise Halper
Buffalo Law Review
No abstract provided.
The Education Of Religious Children: Families, Communities And Constitutions, Shauna Van Praagh
The Education Of Religious Children: Families, Communities And Constitutions, Shauna Van Praagh
Buffalo Law Review
No abstract provided.
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc M. Arkin
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc M. Arkin
Buffalo Law Review
No abstract provided.
Evidence Of Religion And The Religion Of Evidence, Michael Ariens
Evidence Of Religion And The Religion Of Evidence, Michael Ariens
Buffalo Law Review
No abstract provided.
Selective Service Law—Purely Ethical Or Moral Belief Held Grounds For Conscientious Objector Exemption, Roger G. Burlingame
Selective Service Law—Purely Ethical Or Moral Belief Held Grounds For Conscientious Objector Exemption, Roger G. Burlingame
Buffalo Law Review
Welsh v. United States, 398 U.S. 833 (1970).
Selective Service Law—In Providing For Conscientious Objector Exemption, Free Exercise Of Religion Clause Of First Amendment Precludes Discrimination In Favor Of Those With Formal Religious Beliefs, David A. Higley
Buffalo Law Review
United States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969), prob. juris. noted, 396 U.S. 812, 90 S. Ct. 92 (1969).
Constitutional Law—New York State’S Textbook Loan Law Not A Law Respecting An Establishment Of Religion In Violation Of The First And Fourteenth Amendments Of The United States Constitution, Jerold S. Yale
Buffalo Law Review
Board of Education of Central District No. 1 v. Allen, 392 U.S. 236 (1968).
Life, Death And The Law. Law And Christian Morals In England And The United States. By Norman St. John-Stevas., Colin F. Miller
Life, Death And The Law. Law And Christian Morals In England And The United States. By Norman St. John-Stevas., Colin F. Miller
Buffalo Law Review
No abstract provided.
Justice Reed And The First Amendment (The Religion Clauses). By F. William O’Brien., Kevin Kennedy
Justice Reed And The First Amendment (The Religion Clauses). By F. William O’Brien., Kevin Kennedy
Buffalo Law Review
No abstract provided.
Other Cases—Religious Associations, Frank Dombrowski Jr.
Other Cases—Religious Associations, Frank Dombrowski Jr.
Buffalo Law Review
Cadman Memorial Congregational Society v. Kenyon, 306 N. Y. 151, 116 N. E. 2d 481 (1954).