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Articles 31 - 57 of 57
Full-Text Articles in Law
Church-State Relations And The Legal Status Of Religious Communities In Slovenia, Lovro Sturm
Church-State Relations And The Legal Status Of Religious Communities In Slovenia, Lovro Sturm
BYU Law Review
No abstract provided.
The German Headscarf Debate, Axel Frhr. Von Campenhausen
The German Headscarf Debate, Axel Frhr. Von Campenhausen
BYU Law Review
No abstract provided.
American Conversations With(In) Catholicism, Richard W. Garnett
American Conversations With(In) Catholicism, Richard W. Garnett
Michigan Law Review
The jacket photo for John T. McGreevy's Catholicism and American Freedom is striking. In the foreground, a young and vigorous Pope John Paul II, censer in hand, strides across an altar platform on the Mall in Washington, D.C. His attention is fixed off-camera, presumably at the altar he is about to reverence with incense. At the bottom of the picture, gathered around and below the platform, sits a grainy group of mitre-wearing bishops. Looming directly over the scene, in the background yet dominating the photograph, is the towering dome of the U.S. Capitol Building. This picture is worth many thousand …
Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph D. Mawdsley
Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.
The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo
The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo
Brigham Young University Education and Law Journal
No abstract provided.
Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow
Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow
Brigham Young University Journal of Public Law
No abstract provided.
Viewpoint Discrimination By Public Universities: Student Religious Organizations And Violations Of University Nondiscrimination Policie, Mark Andrew Snider
Viewpoint Discrimination By Public Universities: Student Religious Organizations And Violations Of University Nondiscrimination Policie, Mark Andrew Snider
Washington and Lee Law Review
No abstract provided.
"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham
"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham
University of Michigan Journal of Law Reform
This Article discusses faith-based prison programs that immerse prisoners living in residential units within a prison in a religious atmosphere. Part One analyzes the constitutionality of these programs under the Establishment Clause of the First Amendment. It notes that state action in the prison context receives more deference from courts than outside the prison context, and that prisoners' constitutional rights are more constricted than free persons" Part I proceeds to analyze the constitutionality of faith immersion programs in prisons, in light of the Supreme Court's precedents dealing with prisoners' rights and the Establishment Clause. States can defend immersion programs on …
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Michigan Journal of International Law
Not so long ago, in 1998, the world acknowledged both the fiftieth anniversary of the Universal Declaration of Human Rights and the 350th anniversary of the Peace of Westphalia. The Universal Declaration was celebrated in the popular press, by thousands of activists, and at well attended open forums at schools and universities. Westphalia was noted almost exclusively at academic conferences. But public obscurity is an undeserved fate for Westphalia, for its legacy in organizing our political world vies with that of the American and French revolutions. What Westphalia inaugurated was a system of sovereign states where a single authority resided …
Domestic Violence And The Jewish Community, Stacey A. Guthartz
Domestic Violence And The Jewish Community, Stacey A. Guthartz
Michigan Journal of Gender & Law
In Part I of this Article, Guthartz defines the problem of domestic violence as it relates to the Jewish community. Specifically, Jewish texts and history and community understanding and exposure, that contribute to Jewish domestic abuse are examined. In Part II, the author explores Jewish solutions to domestic violence by focusing on religious remedies, community pressure, and the use of civil law. In this Article, it is submitted that it is only through an understanding of the uniqueness of "Jewish" domestic violence by domestic violence and law enforcement organizations, coupled with an understanding about domestic violence within American society by …
In Search Of A Theory Of Cult And Freedom Of Religion In China: The Case Of Falun Gong, Anne S.Y. Cheung
In Search Of A Theory Of Cult And Freedom Of Religion In China: The Case Of Falun Gong, Anne S.Y. Cheung
Washington International Law Journal
Cult and anti-cult movements have been high drama ever since the close of the twentieth century. The tragedies caused by some minority religious groups and the corresponding government responses force us to question the meaning of freedom of religion and to confront our societal conviction to upholding our acclaimed constitutional values. This Article examines the fundamental concept of freedom of religion and the tights that it entails in the case of the People's Republic of China. China's recent crackdown on Falun Gong, a seemingly benign breathing exercise group, has been bitterly controversial. The case of Falun Gong illustrates that the …
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Michigan Journal of Race and Law
Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …
Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.
Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.
Michigan Journal of International Law
Review of Hindu Law: Beyond Tradition and Modernity by Werner F. Menski
Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus
Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus
Oklahoma Law Review
No abstract provided.
The Politically Active Church, Douglas H. Cook
The Politically Active Church, Douglas H. Cook
Loyola University Chicago Law Journal
No abstract provided.
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
UIC Law Review
No abstract provided.
Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady
Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady
Villanova Law Review
No abstract provided.
God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.
God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.
Villanova Law Review
No abstract provided.
Freethought Society V. Chester County And The Ten Commandments Debate: The Buck Stops Here For Establishment Clause Challenges To Religious Public Displays In The Third Circuit, Lauren A. Cates
Villanova Law Review
No abstract provided.
Peremptory Challenges And Religion: The Unanswered Prayer For A Supreme Court Opinion, Courtney A. Waggoner
Peremptory Challenges And Religion: The Unanswered Prayer For A Supreme Court Opinion, Courtney A. Waggoner
Loyola University Chicago Law Journal
No abstract provided.
Racism As "The Nation's Crucial Sin": Theology And Derrick Bell, George H. Taylor
Racism As "The Nation's Crucial Sin": Theology And Derrick Bell, George H. Taylor
Michigan Journal of Race and Law
Part I develops Bell's thesis that racism is permanent, an ineradicable structure in American life. Bell's stance here is unrelenting and a direct and deep challenge to liberal notions of racial progress. This section draws out the social facts Bell provides about the status of Blacks in American society and examines Bell's argument for the continuing disparity between the races, particularly the claim that Whites hold on to a property in Whiteness. Part II analyzes Bell's call for action despite racism's permanence. Part III develops Niebuhr's theology of the possibility of action despite sin. Niebuhr too criticizes the liberal-and liberal …
The Collision Of Church And State: A Primer To Beth Din Arbitrarion And The New York Secular Courts, Ginnine Fried
The Collision Of Church And State: A Primer To Beth Din Arbitrarion And The New York Secular Courts, Ginnine Fried
Fordham Urban Law Journal
This Comment analyzes the interaction between secular courts and beth din proceedings (arbitration panels made up of specialists in halacha, or Jewish law). Part I examines the reasons why an independent Jewish religious court system is required and utilized despite the existence of a fair and equitable secular court system. It describes the Jewish legal principles involved, and how they impact both Jewish litigants and lawyers. Part II describes the mechanics of transforming a religious tribunal into a legally binding arbitration panel in New York State. Part III discusses the limited grounds upon which a beth din award may be …
The First Amendment: Churches Seeking Sanctuary For The Sins Of The Fathers, Jeffrey R. Anderson, Mark A. Wendorf, Frances E. Baillon, Brant D. Penney
The First Amendment: Churches Seeking Sanctuary For The Sins Of The Fathers, Jeffrey R. Anderson, Mark A. Wendorf, Frances E. Baillon, Brant D. Penney
Fordham Urban Law Journal
This article examines whether the Free Exercise Clause or Establishment Clause of the First Amendment, or the judicial abstention doctrine, shields religious institutions from otherwise cognizable tort claims caused by their agents or employees. It concludes that the Constitution does not provide a religious institution with the right or privilege to operate as a law unto itself -- the institution must comply with the law of civil government. Part I provides a brief introduction and background on the First Amendment. Parts II, III, and IV analyze the Free Exercise Clause, judicial abstention doctrine, and the Establishment Clause, respectively, and how …
Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino
Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino
Fordham Urban Law Journal
This article examines the sexual abuse scandal that has racked the Roman Catholic Church since 1984, focusing in particular on how the Church's authority structure has responded and how the American civil court system has been used by victims to seek redress. It gives an overview of the Church's legal system, Canon Law, and the way that system and the Church leadership have dealt (or failed to deal) with the problem of sexual abuse. Part II takes a "long look back" to the history of sexual abuse and Canon Law before 1984. Part III details how the Church has dealt …
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Michigan Journal of International Law
It will come as a surprise to many readers that Professor Teubner presented their fascinating contribution on regime collision to the Michigan Journal of International Law's Symposium on a panel devoted to "the Role of the State in International Law." Indeed, one could not imagine better devil's advocates than Professor Teubner and Dr. Andreas Fischer-Lescano. They propose a radical break with a concept of international law and order based on the autonomous will of Nation-States. Accordingly, legal regulation does not only, if at all, emanate from Nation-States, but from a panoply of other public and, mostly, private actors. Thus, the …
Restoring Our Ancient Constitutional Faith, Michael Sink
Restoring Our Ancient Constitutional Faith, Michael Sink
University of Colorado Law Review
No abstract provided.
Torts: Praying For The Parish Or Preying On The Parish? Clergy Sexual Misconduct And The Tort Of Clergy Malpractice, Emily C. Short
Torts: Praying For The Parish Or Preying On The Parish? Clergy Sexual Misconduct And The Tort Of Clergy Malpractice, Emily C. Short
Oklahoma Law Review
No abstract provided.