Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brigham Young University Law School (24)
- William & Mary Law School (7)
- University of Michigan Law School (4)
- Loyola University Chicago, School of Law (3)
- Notre Dame Law School (3)
-
- University of Maryland Francis King Carey School of Law (3)
- Vanderbilt University Law School (3)
- Cleveland State University (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- Florida Coastal School of Law (2)
- Fordham Law School (2)
- Selected Works (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Kentucky (2)
- University of Washington School of Law (2)
- Villanova University Charles Widger School of Law (2)
- DePaul University (1)
- Emory University School of Law (1)
- Georgetown University Law Center (1)
- Seattle University School of Law (1)
- SelectedWorks (1)
- Singapore Management University (1)
- The Peter A. Allard School of Law (1)
- University of Baltimore Law (1)
- University of Miami Law School (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- Keyword
-
- Church and State (7)
- Religion (7)
- Establishment Clause (5)
- Establishment clause (4)
- Santa Fe Independent School District v. Doe (4)
-
- School Prayer (3)
- Constitutional Law (2)
- Faith (2)
- First Amendment (2)
- Free Exercise Clause (2)
- Freedom of religion (2)
- Jurisprudence (2)
- Legal ethics (2)
- Mitchell v. Helms (2)
- Religious liberty (2)
- Separationism (2)
- Abington School District v. Schempp (1)
- Acts of Conscience (1)
- Adult Entertainment (1)
- Afghanistan (1)
- Alternative dispute resolution (1)
- American Indians (1)
- Article V (1)
- Articles of Confederation (1)
- Beliefs (1)
- Bernadine Healy (1)
- Book review (1)
- Brown v. Board of Education (1)
- Canon law (1)
- Catholic church (1)
- Publication
-
- BYU Law Review (17)
- Brigham Young University Education and Law Journal (3)
- Brigham Young University Journal of Public Law (3)
- Faculty Scholarship (3)
- Journal Articles (3)
-
- Loyola University Chicago Law Journal (3)
- University of Maryland Law Journal of Race, Religion, Gender and Class (3)
- William & Mary Bill of Rights Journal (3)
- William & Mary Law Review (3)
- All Faculty Scholarship (2)
- Articles (2)
- Cornell Law Faculty Publications (2)
- Kentucky Law Journal (2)
- Law Faculty Articles and Essays (2)
- Michigan Law Review (2)
- Scholarly Articles (2)
- Stephen Durden (2)
- Villanova Law Review (2)
- All Faculty Publications (1)
- American Indian Law Review (1)
- Charles I. Lugosi (1)
- Craig B. Mousin (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Fordham Urban Law Journal (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Publications (1)
- M. Cathleen Kaveny (1)
- Michigan Journal of Gender & Law (1)
- Mission and Ministry Publications (1)
- Publication Type
Articles 1 - 30 of 82
Full-Text Articles in Law
International Red Cross Must Include Israel, Kenneth Lasson
International Red Cross Must Include Israel, Kenneth Lasson
All Faculty Scholarship
Israel's corresponding relief agency, the Mogen David Adom, has provided emergency services to countries all over the world since 1939, and it meets or surpasses every other standard for IFRC membership. Yet Israel remains the only nation left out of the 178- country federation. Why?
An IFRC spokesman says that it is "governments, not the federation, that give emblems the protective force of international law," and that "governments" are preparing to adopt an additional emblem, with no religious or national connotations, to stand alongside the Red Cross and the Red Crescent, one that Israel could adopt as its own.
The …
The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah A. Reule
The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah A. Reule
Vanderbilt Law Review
Over seventy-five years after the impassioned debate be- tween William Jennings Bryan and Clarence Darrow echoed through a hot Tennessee courtroom, the controversial confrontation over science, religion, law, and education can still be heard in legislative halls, courtrooms, schools, and homes across the nation. The now infamous "Scopes Monkey Trial" of 19253 brought the debate between religious fundamentalism and modern day scientific theory to the forefront and sparked twenty state legislatures to consider measures to prohibit the teaching of evolution in public schools. Nearly a century later, the dispute rages on. Twenty states considered anti-evolution measures in both the 1920s …
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
Michigan Law Review
Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the …
Understanding Islam And The Radicals, David F. Forte
Understanding Islam And The Radicals, David F. Forte
Law Faculty Articles and Essays
The United States is in a war, but it is not a war between Islam and the West. Radical Islamic terrorists hijacked four airplanes and killed thousands of innocent Americans on September 11. But their enmity was not just directed against the United States and the civilization it represents. These terrorists also mean, as President Bush made clear in his speech to the Joint Session of Congress recently, to hijack Islam itself and destroy Islamic civilization. In the developing battle on behalf of these two great civilizations, it is imperative that we understand something about the basic traditions of Islam …
The Religious Land Use And Institutionalized Persons Act: An Analysis Under The Commerce Clause, Evan M. Shapior
The Religious Land Use And Institutionalized Persons Act: An Analysis Under The Commerce Clause, Evan M. Shapior
Washington Law Review
Congress based the Religious Land Use and Institutionalized Persons Act (RLUIPA) on accumulated evidence suggesting that the land use decisions of local governments unfairly burden religious uses. The RLUIPA is narrower in scope than two previous statutes aimed at protecting religious liberty. The United States Supreme Court held the first of these religious liberty statutes unconstitutional, and Congress failed to enact the other. This Comment examines the constitutionality of the RLUIPA under the Commerce Clause and argues that Congress exceeded its Commerce Clause authority because (1) land use regulation does not constitute "economic activity" as defined by the United States …
Clark Memorandum: Fall 2001, J. Reuben Clark Law Society, J. Reuben Clark Law School
Clark Memorandum: Fall 2001, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum
- The Doctrine of Religious Freedom (W. Cole Durham)
- Practicing Law with the Attributes of Jesus Christ (Elder Earl C. Tingey)
- Civic Virtue (Seth P. Waxman)
- Filling Scott Cameron's Shoes
A Measure Of Freedom, James W. Nickel
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
Michigan Law Review
Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …
Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis
Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis
BYU Law Review
No abstract provided.
Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev
Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev
BYU Law Review
No abstract provided.
An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff
An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff
BYU Law Review
No abstract provided.
Religious Pluralism: Problems And Prospects, J. Gordon Melton
Religious Pluralism: Problems And Prospects, J. Gordon Melton
BYU Law Review
No abstract provided.
Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston
Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston
BYU Law Review
No abstract provided.
Religious Freedom In Germany, Gerhard Robbers
The Framers' Establishment Clause: How High The Wall?, J. Clifford Wallace
The Framers' Establishment Clause: How High The Wall?, J. Clifford Wallace
BYU Law Review
No abstract provided.
Religious Liberty At Home And Abroad: Reflections On Protecting This Fundamental Freedom, Orrin G. Hatch
Religious Liberty At Home And Abroad: Reflections On Protecting This Fundamental Freedom, Orrin G. Hatch
BYU Law Review
No abstract provided.
The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar
The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar
BYU Law Review
No abstract provided.
Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki
Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki
BYU Law Review
No abstract provided.
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
BYU Law Review
No abstract provided.
Does The Human Right To Freedom Of Conscience, Religion, And Belief Have Special Status?, David Little
Does The Human Right To Freedom Of Conscience, Religion, And Belief Have Special Status?, David Little
BYU Law Review
No abstract provided.
Religious Freedom, Separation Of Powers, And The Reversal Of Roles, Michael W. Mcconnell
Religious Freedom, Separation Of Powers, And The Reversal Of Roles, Michael W. Mcconnell
BYU Law Review
No abstract provided.
Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee
Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee
BYU Law Review
No abstract provided.
Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron
Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron
BYU Law Review
No abstract provided.
Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz
Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz
BYU Law Review
No abstract provided.
The Icon And The Tracts: A Restrained Renaissance Of Religious Liberty In Ukraine, John Moroz Smith
The Icon And The Tracts: A Restrained Renaissance Of Religious Liberty In Ukraine, John Moroz Smith
BYU Law Review
No abstract provided.
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier
The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Preserving The Establishment Clause: One Step Forward And Two Steps Back, Martha Mccarthy
Preserving The Establishment Clause: One Step Forward And Two Steps Back, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley
The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.