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Articles 1 - 7 of 7

Full-Text Articles in Law

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Defamation Privilege In Internal Affairs Of Religious Societies, Howard A. Shelley Jr. Jan 1966

Defamation Privilege In Internal Affairs Of Religious Societies, Howard A. Shelley Jr.

Cleveland State Law Review

Defamation privilege in religious societies is burdened in interpretation by the strong doctrine of separation of church and state coupled with the courts' reluctance to become involved in the internal affairs of private associations. That over the years this has resulted in establishment of a philosophy regarding defamation privilege in church controversies broader in scope than that available even to other private associations is apparent.


Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon Jan 1966

Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon

Washington Law Review

In two separate instances adult Jehovah's Witnesses were admitted to hospitals with severe internal bleeding. Doctors in each instance determined that blood transfusions were required to save the patient's life. Each patient refused to consent to transfusions because of his religious beliefs. In one case the patient, who had no minor children, was pronounced incompetent, a conservator to consent to transfusion was appointed by the court, and the transfusion was administered. On appeal, the Illinois Supreme Court reversed. Held: An adult who has no minor children cannot be compelled to take lifesaving blood transfusions against his religious objection. In re …


The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice Jan 1966

The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice

Journal Articles

In summary, it is fair to say that to regard the rule of the Judd case as retaining its original vitality would be to lend undue credence to an erroneous construction of the 1938 amendment to Section 3 of Article XI of the New York State Constitution. For, although that amendment provided only for transportation of pupils, it should be construed in its true light as a reaction to the Judd decision which called it forth. As such it specifically validated only the provision of transportation which the legislature had enacted in 1936 and which the Judd Court had nullified. …


The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin Jan 1966

The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin

Scholarly Articles

No abstract provided.


A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes Jan 1966

A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes

Journal Articles

Among the recommendations adopted by the Canon Law Society of America at its last annual meeting was one for bringing the insights of legal traditions besides the Roman to bear on the canonical system. The following suggestions are derived from the insights of my tradition, the common law tradition. That aspect of the common law tradition that I believe has most to contribute to the development of the canon law is concerned not so much with the particular rules of law as with the basic techniques of legal analysis. The common law tradition of legal analysis, as it has been …


Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review Jan 1966

Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review

Michigan Law Review

Despite serious illness, plaintiff requested, in accordance with her religious beliefs as a Jehovah's Witness, that blood transfusions not be administered to her. Upon the request of her physician and several assistant state's attorneys, a court-appointed guardian was authorized to consent to a blood transfusion for the plaintiff, and a transfusion was administered. On appeal of the court's action to the Supreme Court of Illinois, held, order reversed. The authorization of a blood transfusion for an adult Jehovah's Witness who has only adult children is an unconstitutional interference with the patient's right to the free exercise of her religion.