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Articles 1 - 30 of 33
Full-Text Articles in Law
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Pepperdine Law Review
No abstract provided.
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Pepperdine Law Review
Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …
How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert
How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert
Pepperdine Law Review
In the 2010 midterm elections, the citizens of Oklahoma passed a ballot initiative barring Oklahoma courts from considering the tenets of Islamic Sharia law in their judicial decisions. This initiative was passed in the midst of a nation-wide debate on the nature of Sharia law, in which numerous states began to take legislative steps to ban or limit the application of Sharia. Oklahoma’s law was the first to explicitly ban Sharia, and it was immediately challenged by a Muslim plaintiff for violating the Constitution’s Establishment and Free Exercise Clauses. This Article examines the resulting case, Awad v. Ziriax, and the …
Piercing The Religious Veil Of The So-Called Cults , Joey Peter Moore
Piercing The Religious Veil Of The So-Called Cults , Joey Peter Moore
Pepperdine Law Review
No abstract provided.
Government Entanglement With Religion: What Degree Of Proof Is Required? , Lee Boothby
Government Entanglement With Religion: What Degree Of Proof Is Required? , Lee Boothby
Pepperdine Law Review
No abstract provided.
The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist
The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist
Pepperdine Law Review
No abstract provided.
"Religion" And "Religious Institutions" Under The First Amendment , Sharon L. Worthing
"Religion" And "Religious Institutions" Under The First Amendment , Sharon L. Worthing
Pepperdine Law Review
No abstract provided.
Heffron V. International Society For Krishna Consciousness Inc.: A Restrictive Constitutional View Of The Proselytizing Rights Of Religious Organizations , Michael M. Greenburg
Heffron V. International Society For Krishna Consciousness Inc.: A Restrictive Constitutional View Of The Proselytizing Rights Of Religious Organizations , Michael M. Greenburg
Pepperdine Law Review
The persistent efforts of religious organizations to reach their public have consistently been met with governmental limitation due to the often conflicting interests of public order, and free speech and expression. Heffron v. International Society for Krishna Consciousness, Inc. represents the Court's latest redefinition of the extent of permissible limitations upon the activities of these groups. The author examines the decision in light of the traditional criteria for permissible time, place, and manner restrictions upon free speech and evaluates the Court's implementation of these restrictions with respect to the activities of the Krishna group. The impact of the decision upon …
A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner
A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner
Pepperdine Law Review
In Thomas v. Review Board of the Indiana Employment Security Division, the United States Supreme Court was called upon to clarify the appropriate level of review to be applied in cases which examine the first amendment right to free exercise of religion. The Court ruled that the "compelling state interest" test is the proper standard to be used. The Court also accorded first amendment protection to beliefs which are not shared by other members of a religious group and which are instead the unique interpretation of an individual member and not acceptable, logical, consistent or comprehensible to others.
The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg
The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg
Pepperdine Law Review
Since the infamous Scopes trial the matter of the constitutional validity of the "anti-evolution" laws has plagued both legal scholars and school administrators. The courts have generally invalidated legislation which bans outright the teaching of evolution in public schools, but with the advent of the "balanced treatment" acts, a revival of this litigation has begun. The author examines the constitutional analysis utilized by the courts in dealing with the "anti-evolution" and "balanced treatment" acts and provides an historical perspective of the first amendment to question the Court's response to the issue.
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Pepperdine Law Review
Justice Hugo L. Black served on the United States Supreme Court over a period of thirty-four years, encompassing Supreme Court terms from 1937 to 1971. During this period, the subject of the constitutional limitations of the freedom of religion was increasingly subjected to intense social pressures. Justice Black figured prominently in the development of constitutional law as the Supreme Court attempted to give meaning to the establishment and free exercise clause of the first amendment. He wrote the majority opinions which dealt with the establishment clause in the Everson, McCulloin, Engel and Torcaso cases. Yet, on later occasions, Justice Black …
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Pepperdine Law Review
No abstract provided.
Some Observations On The Establishment Clause, William French Smith
Some Observations On The Establishment Clause, William French Smith
Pepperdine Law Review
As evidenced by current interpretations of the establishment clause, lower federal court decisions indicate an increased tendency of hostility toward religion. In this article, Attorney General William French Smith surveys the history of the establishment clause and Supreme Court decisions regarding religious issues. Attorney General Smith then notes the recent success of the Reagan Administration's efforts, through amicus curiae briefs, to advocate an interpretation of the establishment clause which permits the states to take an attitude of benevolent neutrality toward religion. The article then concludes that such a position is both historically and judicially sound.
Public Policy Against Religion: Doubting Thomas , Richard H. Seeburger
Public Policy Against Religion: Doubting Thomas , Richard H. Seeburger
Pepperdine Law Review
In free exercise cases, the Supreme Court has adopted a least restrictive alternative test in an attempt to maximize protection for religiously motivated practices. Because the least restrictive alternative test only considers the importance of the governmental interest and the availability of alternative means to accomplish those interests, thereby ignoring the importance of the burdened religious activity to the individual and the degree of burden on religious activity, all religious interests are treated equally when asserted against a governmental interest. Under such an inflexible and brittle test, the Supreme Court has recently denied religious claims which had previously been recognized. …
Clergy Malpractice: Making Clergy Accountable To A Lower Power, Lawrence M. Burek
Clergy Malpractice: Making Clergy Accountable To A Lower Power, Lawrence M. Burek
Pepperdine Law Review
No abstract provided.
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Pepperdine Law Review
No abstract provided.
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Pepperdine Law Review
No abstract provided.
Theism, Naturalism, And Liberalism: John Stuart Mill And The “Final Inexplicability” Of The Self, John Lawrence Hill
Theism, Naturalism, And Liberalism: John Stuart Mill And The “Final Inexplicability” Of The Self, John Lawrence Hill
Pepperdine Law Review
No abstract provided.
To Teach And Persuade, Sherman J. Clark
Saving The First Amendment From Itself: Relief From The Sherman Act Against The Rabbinic Cartels, Barak D. Richman
Saving The First Amendment From Itself: Relief From The Sherman Act Against The Rabbinic Cartels, Barak D. Richman
Pepperdine Law Review
America’s rabbis currently structure their employment market with rules that flagrantly violate the Sherman Act. The consequences of these rules, in addition to the predictable economic outcomes of inflated wages for rabbis and restricted consumer freedoms for the congregations that employ them, meaningfully hinder Jewish communities from seeking their preferred spiritual leader. Although the First Amendment cannot combat against this privately-orchestrated (yet paradigmatic) restriction on religious expression, the Sherman Act can. Ironically, however, the rabbinic organizations implementing the restrictive policies claim that the First Amendment immunizes them from Sherman Act scrutiny, thereby claiming the First Amendment empowers them to do …
Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile
Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile
Pepperdine Law Review
No abstract provided.
Seeking An Islamic Reflective Equilibrium: A Response To Abdullahi A. An-Na'im’S Complementary, Not Competing, Claims Of Law And Religion: An Islamic Perspective, Mohammad H. Fadel
Seeking An Islamic Reflective Equilibrium: A Response To Abdullahi A. An-Na'im’S Complementary, Not Competing, Claims Of Law And Religion: An Islamic Perspective, Mohammad H. Fadel
Pepperdine Law Review
Professor 'Abdallahi Na'im argues that there can be no conflict between religion and the state because religion and politics are part of different normative orders, and thus it is not conceivable that a conflict can arise between them. I argue that Na'im's solution to the problematic relationship of religion to state shares the same conceptual terrain as separationism in American constitutional law, a position which has grown increasingly untenable as a result of the increasing religious pluralism in the United States and the expansion of the government into areas of life in a manner that would have been inconceivable even …
The Endorsement Test Is Alive And Well: A Cause For Celebration And Sorrow, Mark Strasser
The Endorsement Test Is Alive And Well: A Cause For Celebration And Sorrow, Mark Strasser
Pepperdine Law Review
No abstract provided.
The Priority Of Law: A Response To Michael Stokes Paulsen, Eugene Volokh
The Priority Of Law: A Response To Michael Stokes Paulsen, Eugene Volokh
Pepperdine Law Review
No abstract provided.
Complementary, Not Competing, Claims Of Law And Religion: An Islamic Perspective, Abdullahi A. An-Na'im
Complementary, Not Competing, Claims Of Law And Religion: An Islamic Perspective, Abdullahi A. An-Na'im
Pepperdine Law Review
No abstract provided.
Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett
Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett
Pepperdine Law Review
This paper is a short response to an address, “And I Don’t Care What It Is: Religious Neutrality in American Law,” delivered by Prof. Andrew Koppelman at a conference, “The Competing Claims of Law and Religion: Who Should Influence Whom?”, which was held at Pepperdine University in February of 2012. In this response, it is suggested – among other things – that “American religious neutrality” is, as Koppelman argues, “coherent and attractive” because and to the extent that it is not neutral with respect to the goal and good of religious freedom. Religious freedom, in the American tradition, is not …
The Priority Of God: A Theory Of Religious Liberty, Michael Stokes Paulsen
The Priority Of God: A Theory Of Religious Liberty, Michael Stokes Paulsen
Pepperdine Law Review
Professor Paulsen argues that religious freedom only makes entire sense as a constitutional arrangement on the premise that God exists, that God makes actual demands on human loyalty and conduct, and that those demands precede and are superior in obligation to those of the State. Religious freedom exists to protect the exercise of plausibly true understandings of God's actual commands, as against state power, and to disable state power to proscribe -- or prescribe -- religious exercise. The article explores four possible stances of society toward religious freedom, depending on whether society and state embrace the idea of religious truth …
Can We Please Stop Talking About Neutrality? Koppelman Between Scalia And Rawls, Chad Flanders
Can We Please Stop Talking About Neutrality? Koppelman Between Scalia And Rawls, Chad Flanders
Pepperdine Law Review
No abstract provided.
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
Pepperdine Law Review
This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …
And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman
And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman
Pepperdine Law Review
No abstract provided.