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Religion Law

1998

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Articles 1 - 30 of 73

Full-Text Articles in Law

Why Basic Liberties Are Bilateral, James W. Nickel Nov 1998

Why Basic Liberties Are Bilateral, James W. Nickel

Articles

No abstract provided.


The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck Oct 1998

The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck

Faculty Publications

This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters "respecting an establishment of religion." Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.


A Broken Promise: The Continued Use Of Virginity Control Examinations In Turkey, D. Christopher Decker Sep 1998

A Broken Promise: The Continued Use Of Virginity Control Examinations In Turkey, D. Christopher Decker

Buffalo Human Rights Law Review

No abstract provided.


A Response To Professor Rubenfeld, Jonathan D. Hacker Jun 1998

A Response To Professor Rubenfeld, Jonathan D. Hacker

Michigan Law Review

Professor Jed Rubenfeld has offered in these pages an ingenious explanation for why the Supreme Court was right to strike down the Religious Freedom Restoration Act (RFRA) in City of Boerne v. Flores. Rubenfeld finds in the First Amendment's Establishment Clause a historical and inherent principle he calls "antidisestablishmentarianism": a prohibition on acts of Congress that "disestablish" religion in the several states. Rubenfeld reads the Establishment Clause as proscribing not only congressional acts that "establish" religion but also all congressional acts that "dictate a position on religion for states," including laws designed to ensure that states abide by the requirements …


Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld Jun 1998

Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld

Michigan Law Review

To get right to the point: Mr. Hacker does not disagree that the Establishment Clause would, in the absence of the Fourteenth Amendment, have prohibited Congress from passing a nationwide religion law like RFRA. He believes, however, that the Fourteenth Amendment has in part repealed the First. Of course, he doesn't want to say repealed. The language of repeal is not pleasant to the ears of those who would like to forget about First Amendment antidisestablishmentarianism. The Fourteenth Amendment did not "repeal any aspect of the text of the [Establishment] Clause," Hacker says, but only "change[d] profoundly the meaning of …


Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson May 1998

Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson

BYU Law Review

No abstract provided.


The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa May 1998

The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa

BYU Law Review

No abstract provided.


The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes May 1998

The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes

BYU Law Review

No abstract provided.


Relations With Religious Minorities: The Spanish Model, Alberto De La Hera May 1998

Relations With Religious Minorities: The Spanish Model, Alberto De La Hera

BYU Law Review

No abstract provided.


The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr. May 1998

The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr.

BYU Law Review

No abstract provided.


Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite May 1998

Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite

BYU Law Review

No abstract provided.


Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird May 1998

Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird

BYU Law Review

No abstract provided.


External Monitoring Of Domestic Religious Liberties, Michael Young May 1998

External Monitoring Of Domestic Religious Liberties, Michael Young

BYU Law Review

No abstract provided.


Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner May 1998

Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner

BYU Law Review

No abstract provided.


Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret May 1998

Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret

Michigan Law Review

In 1988, Jeffrey Kendall and Barbara Zeitler Kendall were married. Though Jeffrey was Catholic at the time and Barbara was Jewish, the couple agreed to raise their children in Barbara's faith. In 1991, Jeffrey joined Boston Church of Christ, a fundamentalist Christian church. The tenets of that faith include a belief that those who do not accept Jesus Christ are damned to Hell, where there will be "weeping and gnashing of teeth." Barbara's faith also underwent a change during the marriage: she became an Orthodox Jew. Citing irreconcilable differences, the Kendalls sought a divorce in November, 1994. Before their marriage …


Christianity And Islam: Lessons From Africa, J. Paul Martin May 1998

Christianity And Islam: Lessons From Africa, J. Paul Martin

BYU Law Review

No abstract provided.


Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas May 1998

Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas

BYU Law Review

No abstract provided.


Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield May 1998

Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield

BYU Law Review

No abstract provided.


Religious Freedom As If Religion Matters: A Tribute To Justice Brennan, Stephen L. Carter Apr 1998

Religious Freedom As If Religion Matters: A Tribute To Justice Brennan, Stephen L. Carter

Philip A. Hart Memorial Lecture

On April 22, 1998, Professor of Law, Stephen L. Carter of Yale Law School, delivered the Georgetown Law Center’s eighteenth Annual Philip A. Hart Memorial Lecture: "Religion-Centered Free Exercise: A Tribute to Justice Brennan."

Stephen L. Carter is the William Nelson Cromwell Professor of Law at Yale, where he has taught since 1982. Among his courses are law and religion, the ethics of war, contracts, evidence, and professional responsibility. His most recent book is The Violence of Peace: America’s Wars in the Age of Obama (2011). Among his other books on law and politics are God’s Name in Vain: The …


Religious Freedom And Zoning, Helen M. Maher Apr 1998

Religious Freedom And Zoning, Helen M. Maher

Buffalo Environmental Law Journal

No abstract provided.


Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett Apr 1998

Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett

University of Arkansas at Little Rock Law Review

No abstract provided.


Requiem For Rfra: A Philosophical And Political Response, J. Thomas Sullivan Apr 1998

Requiem For Rfra: A Philosophical And Political Response, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

No abstract provided.


The Death And Resurrection Of Rfra: Integrating Lopez And Boerne, John M.A. Dipippa Apr 1998

The Death And Resurrection Of Rfra: Integrating Lopez And Boerne, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


The Constitutional Future Of Religious Freedom Legislation, Thomas C. Berg Apr 1998

The Constitutional Future Of Religious Freedom Legislation, Thomas C. Berg

University of Arkansas at Little Rock Law Review

No abstract provided.


Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle Apr 1998

Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle

University of Arkansas at Little Rock Law Review

No abstract provided.


An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks Apr 1998

An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks

University of Arkansas at Little Rock Law Review

No abstract provided.


The Failure Of Rfra, Ira C. Lupu Apr 1998

The Failure Of Rfra, Ira C. Lupu

University of Arkansas at Little Rock Law Review

No abstract provided.


The Constitutional Rhetoric Of Religion, Marci A. Hamilton Apr 1998

The Constitutional Rhetoric Of Religion, Marci A. Hamilton

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment And Establishment Clause—The Wall Of Separation Crumbles. Agostini V. Felton, 117 S. Ct. 1997 (1997)., Missy Mcjunkins Apr 1998

Constitutional Law—First Amendment And Establishment Clause—The Wall Of Separation Crumbles. Agostini V. Felton, 117 S. Ct. 1997 (1997)., Missy Mcjunkins

University of Arkansas at Little Rock Law Review

No abstract provided.


Clark Memorandum: Spring/Summer 1998, J. Reuben Clark Law Society, J. Reuben Clark Law School Apr 1998

Clark Memorandum: Spring/Summer 1998, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum