Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brigham Young University Law School (19)
- University at Buffalo School of Law (5)
- Columbia Law School (4)
- Fordham Law School (4)
- University of Michigan Law School (4)
-
- The Catholic University of America, Columbus School of Law (3)
- Boston University School of Law (2)
- New York Law School (2)
- University of Missouri School of Law (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Campbell University School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- Mississippi College School of Law (1)
- Roger Williams University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- University of Connecticut (1)
- University of Dayton (1)
- University of Georgia School of Law (1)
- University of Oklahoma College of Law (1)
- Vanderbilt University Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Religion (7)
- Establishment clause (4)
- Church and state (2)
- Duties (2)
- Free exercise (2)
-
- Freedom of religion (2)
- Legal practice (2)
- Religious liberty (2)
- Equal protection (1)
- Philosophy (1)
- AIRFA (1)
- Abolitionism (1)
- Abolitionists (1)
- American Indian Religious Freedom Act (1)
- Antonin Scalia (1)
- Arbitrary legislation (1)
- Authority (1)
- Awards (1)
- Bodily autonomy (1)
- Catholicism (1)
- Child abuse (1)
- Child protection (1)
- Children (1)
- China (1)
- Christianity (1)
- Churches (1)
- Classes (1)
- Cogan (Neil) (1)
- Columbia Law Review (1)
- Compelling interest test (1)
- Publication
-
- BYU Law Review (16)
- Faculty Scholarship (5)
- Fordham Urban Law Journal (3)
- Scholarly Articles (3)
- Articles (2)
-
- Articles & Chapters (2)
- Brigham Young University Journal of Public Law (2)
- Buffalo Human Rights Law Review (2)
- Buffalo Law Review (2)
- Faculty Publications (2)
- Journal Articles (2)
- Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America (2)
- Michigan Law Review (2)
- Washington and Lee Law Review (2)
- All Faculty Scholarship (1)
- American Indian Law Review (1)
- Articles by Maurer Faculty (1)
- Brigham Young University Education and Law Journal (1)
- Campbell Law Review (1)
- Cleveland State Law Review (1)
- Cornell Law Faculty Publications (1)
- Educational Leadership Faculty Publications (1)
- Faculty Articles and Papers (1)
- Human Rights Brief (1)
- LLM Theses and Essays (1)
- Law Faculty Scholarship (1)
- Loyola University Chicago Law Journal (1)
- Reviews (1)
- Scholarly Works (1)
- UIC Law Review (1)
- Publication Type
Articles 31 - 60 of 64
Full-Text Articles in Law
The Aftermath Of Agostini: Confusion Continues As The Modified Lemon Test Is Applied In Helms V. Picard, Carlos Elizondo
The Aftermath Of Agostini: Confusion Continues As The Modified Lemon Test Is Applied In Helms V. Picard, Carlos Elizondo
Brigham Young University Journal of Public Law
No abstract provided.
The Duty To Rescue And The Exodus Meta-Narrative Of Jewish Law, Sheldon Nahmod
The Duty To Rescue And The Exodus Meta-Narrative Of Jewish Law, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Faith, Reason, And Bare Animosity, Daniel A. Crane
Faith, Reason, And Bare Animosity, Daniel A. Crane
Campbell Law Review
This article critiques the convergence of the nonestablishment and "naked animosity" principles as applied to religiously motivated state action.
Reconciling Religious Rights & Responsibilities, Barbara L. Kramer
Reconciling Religious Rights & Responsibilities, Barbara L. Kramer
Loyola University Chicago Law Journal
No abstract provided.
Legislative Focus: The International And Religious Freedom Act Of 1998, Tom Lynch
Legislative Focus: The International And Religious Freedom Act Of 1998, Tom Lynch
Human Rights Brief
No abstract provided.
Book Preface, Hendrik Hartog, Thomas A. Green
Book Preface, Hendrik Hartog, Thomas A. Green
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
At her death in December 1997, Betsy Clark had been working for more than a dozen years on a study tentatively entitled "Women, Church and State: Religion and the Culture of Individual Rights in Nineteenth-Century America." Between 1987 and 1995, several of the planned chapters had appeared in law reviews and in history journals. Another chapter had been written and revised before and during the first stages of her illness. Two chapters can be found in preliminary form in her 1989 Princeton dissertation and had been presented to a colloquium at Harvard Law School. But other chapters planned for the …
Leveling The Playing Field For Religious "Liberty" In Russia:, Afina Lekhel
Leveling The Playing Field For Religious "Liberty" In Russia:, Afina Lekhel
Vanderbilt Journal of Transnational Law
The purpose of this Note is to present a more comprehensive framework for analyzing the status of religious human rights in Russia after the enactment of the new law. Following the insights of an eminent scholar on law and religion, Prof. Harold J. Berman, the topic may be evaluated with a view to positive law (Zakon), moral theory (Pravo), and Russian historical experiences. Generally, positive law refers to domestic legal norms. Moral theory also stems primarily from domestic supra-legal sources, but it may connote global human rights principles where a state subscribes to monism, as Russia currently does. Historical contingencies …
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
American Indian Law Review
No abstract provided.
Chapter 2 - Anticlericalism And Antistatism, Elizabeth B. Clark
Chapter 2 - Anticlericalism And Antistatism, Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
Note: This is the first draft of the second chapter of a manuscript which through the lens of abolitionism and women's rights, traces the transformation of the ideology of individual rights over the course of the nineteenth century as it expanded to encompass, not just rights in the civil sphere, but rights of the person in private life. Part I of this paper examines nineteenth-century intellectual movements that located moral authority in the individual; Part II outlines the attack on authority within liberal Protestantism; Part III traces the extension of that critique to the state; and Part IV discusses the …
The Bishops' New Statement On Abortion: Why It Isn't Accomplishing Much Of Anything., Raymond B. Marcin
The Bishops' New Statement On Abortion: Why It Isn't Accomplishing Much Of Anything., Raymond B. Marcin
Scholarly Articles
No abstract provided.
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Scholarly Works
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Reviews
Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect …
From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French
From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French
Journal Articles
No abstract provided.
Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle
Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
This book not only represents the culmination of Michael J. Perry’s thoughtful and important deliberation (two other books and numerous articles) on the proper relation of morality (especially religious morality) to politics and law, but it also presents arguments that are very accessible to those in religious studies, philosophy, political science, and law.
State Laws Criminalizing Female Circumcision: A Violation Of The Equal Protection Clause Of The Fourteenth Amendment, 32 J. Marshall L. Rev. 353 (1999), Shea Lita Bond
UIC Law Review
No abstract provided.
Vouchsafing Democracy: On The Confluence Of Governmental Duty, Constitutional Right, And Religious Mission Symposium On Law And Religion, Ruti Teitel
Articles & Chapters
No abstract provided.
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Faculty Scholarship
On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording. He moved …
The Fundamentalist Face Of Secularism And Its Impact On Women's Rights In India, Joseph C. Hostetler-Baker & Hostetler Lecture, Ratna Kapur
Cleveland State Law Review
I am going to talk about three things today: The first is to give you a very brief account of the competing understandings of secularism that have emerged in India. I look at the model of secularism that is being promoted by the Hindu Right and the validation this has received from the electorate, but more importantly, the Supreme Court. Secondly, I will address why the wall of separation does not provide a way out of the crisis of secularism in India and how it has not solved the problem of majoritarianism even in the American context. And finally, how …
Death, Dying, And Burial: Approaches In Religious Law And Practice, William J. Wagner
Death, Dying, And Burial: Approaches In Religious Law And Practice, William J. Wagner
Scholarly Articles
No abstract provided.
Régime Des Cultes Et Liberté Religieuse En Europe: Relectures Américaines, Robert A. Destro
Régime Des Cultes Et Liberté Religieuse En Europe: Relectures Américaines, Robert A. Destro
Scholarly Articles
No abstract provided.
Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck
Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck
Faculty Publications
In neutrality theory the recipients of vouchers, grants, and purchase-of-service contracts are eligible to participate as providers in government social service programs without regard to their religious character. Indeed, religious beliefs and practices are prohibited bases for screening out those who want to be welfare program providers. Notable examples of congressional social service legislation conforming to the rule of religious neutrality are the ‘charitable choice‘ feature imbedded in the Welfare Reform Act of 1996 and the Community Services Block Grant Act of 1998, as well as the provision allowing issuance of child care vouchers to indigent parents in the Child …
Tax Exemptions And The Establishment Clause, Erika Lietzan
Tax Exemptions And The Establishment Clause, Erika Lietzan
Faculty Publications
Churches are exempted from a variety of taxes collected by the various levels and jurisdictions of government in the United States. For instance, they are almost always exempt from payment of property tax at the local level and from payment of income tax to both state and federal government. They are often exempt from payment of state sales tax on the products they sell. A person making a contribution to a religious organization is usually entitled to deduct the contribution from his income when calculating both his state and his federal income taxes at the end of the taxable year. …
A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter
A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter
Fordham Urban Law Journal
Louis D. Brandeis is the presiding eminence in the story of the encounter of Jewish with the American legal order. In the centuries since Brandeis started practicing law, Jews have flourished exceedingly in both the legal professional mainstream (practitioners, judiciaries, academics) and the public interest sector. Can this extravagant participation in both hemispheres of the world of American lawyering be explained by something unique to the Jewish tradition or experience? This Essay addresses that question by focusing on Brandeis, who manifests in his person both sides of this extraordinary flourishing. Brandeis seems a felicitous path to understanding, not because he …
Vocation As Curse, F. Giba-Matthews, Ofm
Vocation As Curse, F. Giba-Matthews, Ofm
Fordham Urban Law Journal
This Essay argues that while legal work as a vocation may have positive effects for society as a whole, as well as overall benefits for the legal profession, vocation could very well hurt the lawyer "called" to take up such a vocation. A vocation is not simply the application of one's religious belieft to the practice of law; rather, it is a "burning fire" in a lawyer's soul which the lawyer "cannot contain." Thus, a lawyer's vocation becomes an overwhelming priority. Part I of this Essay provides an explanation of the biblical underpinnings of vocation through a discussion of the …
To Engage In Civil Practice As A Lawyer, James L. Nolan
To Engage In Civil Practice As A Lawyer, James L. Nolan
Fordham Urban Law Journal
Society can realize the justice it craves through virtuous lawyers doing their jobs well. In this context of the crucially important role lawyers play in society, the claimed spiritual crisis of the lawyer's professional bearings takes on greater concern. This Essay explores some of the dimensions of a spiritual crisis which lawyers now face and suggests how one might more effectively bridge the gap ebtween religious faith and legal practice to better serve clients and society.
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
LLM Theses and Essays
Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …
Justification By Faith, Carl E. Schneider
Justification By Faith, Carl E. Schneider
Articles
In June 1997 a sixteen-year-old girl named Shannon Nixon began to feel ill. Her parents belonged to the Faith Tabernacle Church, one of a number of American sects which believe that illness should be treated spiritually rather than medically. Accordingly, the Nixons prayed for Shannon and took her to be anointed at their church. Shannon reported that she felt better and that the spiritual treatment had gained her her victory-her recovery. Before long, however, Shannon again felt ill. She became weaker and weaker and then fell into a coma. A few hours later she died. An autopsy revealed that she …
Prayer At Public School Graduation Ceremonies: Exercise In Futility Or A Teachable Moment?, Charles J. Russo
Prayer At Public School Graduation Ceremonies: Exercise In Futility Or A Teachable Moment?, Charles J. Russo
Educational Leadership Faculty Publications
Due to conflicting lower court judgments on the propriety of prayer at public school graduation ceremonies, this question will return to the Supreme Court. This article is divided into three major sections. Part I briefly recites the history of the Establishment Clause and education. Part II examines case law relevant to prayer at public school graduation ceremonies. This section begins with a brief examination of the cases prior to Lee. It next reviews the majority and dissenting opinions in Lee in some detail to show how the diametrically opposed views of Justices Kennedy of the majority and Scalia of the …
In God's Image: The Religious Imperative Of Equality Under Law, George P. Fletcher
In God's Image: The Religious Imperative Of Equality Under Law, George P. Fletcher
Faculty Scholarship
This Essay argues that the principle of equality under law is best grounded in a holistic view of human dignity. Rejecting modem attempts to justify equality by reducing humanity to a particular actual characteristic, it articulates a religious imperative to treat people equally by drawing on biblical as well as modern philosophical sources. The principle "all men are created equal," as celebrated in the Declaration of Independence and Gettysburg Address, draws on this holistic understanding of humanity. This admittedly romantic approach to equality generates a critique of contemporary Supreme Court doctrine, including the prevailing approaches to strict scrutiny, affirmative action, …