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Articles 1 - 7 of 7
Full-Text Articles in Law
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Michigan Law Review
This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
BYU Law Review
No abstract provided.
United States V. Lee, Lewis F. Powell, Jr.
United States V. Lee, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham
A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham
BYU Law Review
No abstract provided.
A Sect Apart: A History Of The Legal Troubles Of The Shakers, Ralph Michael Stein
A Sect Apart: A History Of The Legal Troubles Of The Shakers, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This article explores the Shaker experience in nineteenth century America, particularly their relationship to legislative bodies and courts and analyzes the reasons underlying the persistent, selective, official persecution of this group.
State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck
State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck
Faculty Publications
Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …
Freedom And Equality In The Religion Clauses, John H. Garvey
Freedom And Equality In The Religion Clauses, John H. Garvey
Scholarly Articles
The Supreme Court has been extremely puzzled about how to treat the distribution of public benefits when the pattern of distribution may cause individuals to alter their preferences in making constitutionally protected choices. When dealing with the freedom to choose an abortion, for example, the Court held that the Hyde Amendment was constitutional because the government did not interfere with freedom when all it did was offer money to make the option it preferred (childbirth) more attractive. In free speech cases, the Court has said that when the government opens up public property or offers financial incentives to speakers it …