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Articles 1 - 7 of 7
Full-Text Articles in Law
Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson
Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson
West Virginia Law Review
No abstract provided.
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Michigan Law Review
This article will attempt to present a picture of the legal status of religious organizations, with particular reference to the enjoyment of the corporate privilege. Necessarily, this will involve at the outset an historical review tracing the development of that status, beginning with the practice of granting special charters to churches and culminating in the now familiar general incorporation statute. Special attention will be paid to distinctive problems that arose in Utah, Pennsylvania, and Virginia concerning corporate status. The historical review is followed by a summary survey of the current state laws relating to the incorporation of churches. The last …
Enforceability Of Religious Law In Secular Courts--It's Kosher, But Is It Constitutional?, Michigan Law Review
Enforceability Of Religious Law In Secular Courts--It's Kosher, But Is It Constitutional?, Michigan Law Review
Michigan Law Review
In several different contexts-for example, in enforcing contracts that refer to religious law or in enforcing secular laws that use religious terminology-secular courts may be called upon to apply and even to interpret laws established by religious bodies. The limitations imposed by the first amendment on the courts in these areas will be discussed here in the specific context of Judaism. It is the thesis of this Note that the courts may not be as constrained in enforcing laws of religious bodies and in resolving disputes about those laws as would appear at first glance.
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
West Virginia Law Review
No abstract provided.
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
Faculty Publications
The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …
Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman
Villanova Law Review
No abstract provided.
Exemptions And Privileges On Grounds Of Religion And Conscience, Shimon Shetreet
Exemptions And Privileges On Grounds Of Religion And Conscience, Shimon Shetreet
Kentucky Law Journal
No abstract provided.