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- BYU Law Review (30)
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Articles 1 - 30 of 56
Full-Text Articles in Law
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
BYU Law Review
No abstract provided.
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
BYU Law Review
No abstract provided.
"Omalous" Autonomy, Perry Dane
Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko
Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko
BYU Law Review
No abstract provided.
Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
BYU Law Review
No abstract provided.
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
BYU Law Review
No abstract provided.
An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston
An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston
BYU Law Review
No abstract provided.
The Autonomy Of Church And State, Brett G. Scharffs
The Autonomy Of Church And State, Brett G. Scharffs
BYU Law Review
No abstract provided.
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
BYU Law Review
No abstract provided.
The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg
The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg
BYU Law Review
No abstract provided.
Introduction, Kevin J. Worthen
Three Concepts Of Church Autonomy, Ronald R. Garet
Three Concepts Of Church Autonomy, Ronald R. Garet
BYU Law Review
No abstract provided.
Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet
Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet
BYU Law Review
No abstract provided.
More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
BYU Law Review
No abstract provided.
Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck
Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck
BYU Law Review
No abstract provided.
Introduction, Brett G. Scharffs
Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey
Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey
BYU Law Review
No abstract provided.
The Establishment Clause Gag Reflex, Frederick Mark Gedicks
The Establishment Clause Gag Reflex, Frederick Mark Gedicks
BYU Law Review
Some outcomes of Establishment Clause cases are better defended on realist rather than doctrinal grounds - that is, not on the basis of supposedly neutral principles, but by reference to some assessment of the kinds of church-state interactions that most Americans would tolerate. I call this the Establishment Clause gag reflex.
A constitutional gag reflex refers to the instinctive intellectual revulsion one might feel in response to the doctrine or holding of a case. For example, a contemporary judicial decision countenancing permanent denial of citizenship to racial minorities, or that denied to such minorities liberty or equality rights enjoyed by …
The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch
The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch
BYU Law Review
No abstract provided.
When Prisoners Are Weary And Their Religious Exercise Burdened, Rluipa Provides Some Rest For Their Souls, Anne Y. Chiu
When Prisoners Are Weary And Their Religious Exercise Burdened, Rluipa Provides Some Rest For Their Souls, Anne Y. Chiu
Washington Law Review
The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) prohibits state and local governments from substantially burdening a prisoner's exercise of religion unless the government can show that its action is the least restrictive means of furthering a compelling governmental interest. Prior to RLUIPA, courts subjected prisoners' claims of violations of their right to exercise their religion to a "rational-relationship" standard. Because RLUIPA ("the Act") places a "strict scrutiny" standard on government actions burdening prisoners' religious exercise, the Act is a legislative accommodation of religion. Under Lemon v. Kurtzman, legislative accommodations violate the Establishment Clause if their …
Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan
Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan
Washington and Lee Law Review
No abstract provided.
Given By Senator Orrin G. Hatch Before The Tenth Annual International Law And Religion Symposium, Orrin G. Hatch
Given By Senator Orrin G. Hatch Before The Tenth Annual International Law And Religion Symposium, Orrin G. Hatch
BYU Law Review
No abstract provided.
China's Socioeconomic Changes And The Implications For The Religion-State Dynamic In China, Kim-Kwong Chan
China's Socioeconomic Changes And The Implications For The Religion-State Dynamic In China, Kim-Kwong Chan
BYU Law Review
No abstract provided.
Advances In Religious Liberty In Peru, Guillermo Garcia-Montufar, Moises Arata Solis, Scott E. Isaacson
Advances In Religious Liberty In Peru, Guillermo Garcia-Montufar, Moises Arata Solis, Scott E. Isaacson
BYU Law Review
No abstract provided.
Religious Pluralism, Cultural Differences, And Social Stability In Nigeria, Rose C. Uzoma
Religious Pluralism, Cultural Differences, And Social Stability In Nigeria, Rose C. Uzoma
BYU Law Review
No abstract provided.
Religious Freedom And Laicite: A Comparison Of The United States And France, T.Jeremy Gunn
Religious Freedom And Laicite: A Comparison Of The United States And France, T.Jeremy Gunn
BYU Law Review
No abstract provided.
Religious Pluralism In Spain: Striking The Balance Between Religious Freedom And Constitutional Rights, Augustin Motilla
Religious Pluralism In Spain: Striking The Balance Between Religious Freedom And Constitutional Rights, Augustin Motilla
BYU Law Review
No abstract provided.
Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari
Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari
BYU Law Review
No abstract provided.
New Religious Movements And The Problem Of Extremism In Modern Russia, Veronika V. Kravchouk
New Religious Movements And The Problem Of Extremism In Modern Russia, Veronika V. Kravchouk
BYU Law Review
No abstract provided.
The Menace Of Neutrality In Religion, Gabriel A. Moens
The Menace Of Neutrality In Religion, Gabriel A. Moens
BYU Law Review
No abstract provided.