Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (106)
- Pepperdine University (33)
- SelectedWorks (24)
- University of Richmond (9)
- Brigham Young University Law School (7)
-
- Villanova University Charles Widger School of Law (7)
- Touro University Jacob D. Fuchsberg Law Center (6)
- The Catholic University of America, Columbus School of Law (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of the Pacific (4)
- Boston University School of Law (3)
- Cleveland State University (2)
- Cornell University Law School (2)
- Emory University School of Law (2)
- Fordham Law School (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- UIC School of Law (2)
- University of Georgia School of Law (2)
- University of Pittsburgh School of Law (2)
- Washington and Lee University School of Law (2)
- Wayne State University (2)
- West Virginia University (2)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Florida International University College of Law (1)
- Golden Gate University School of Law (1)
- Louisiana State University Law Center (1)
- Loyola University Chicago, School of Law (1)
- Keyword
-
- Religion (72)
- First Amendment (39)
- Religious freedom (25)
- Constitutional Law (23)
- Establishment Clause (17)
-
- Constitutional law (14)
- Religious liberty (14)
- Freedom of religion (12)
- Law & Religion (12)
- Law and Society (12)
- Establishment clause (11)
- Free exercise (10)
- First amendment (9)
- Free Exercise Clause (9)
- Islam (9)
- Constitution (8)
- Judaism (8)
- Jurisprudence (8)
- Politics (8)
- Separation of church and state (8)
- Church autonomy (7)
- Jewish Law (7)
- Arbitration (6)
- Pluralism (6)
- Church (5)
- Civil Rights and Discrimination (5)
- Islamic law (5)
- Law (5)
- Levinson (5)
- Ministerial exception (5)
- Publication
-
- Pepperdine Law Review (33)
- Richard W Garnett (16)
- Michael A Helfand (14)
- Faculty Scholarship (12)
- Patrick McKinley Brennan (7)
-
- Robert Rodes (7)
- Paulo Ferreira da Cunha (6)
- Thomas L. Shaffer (6)
- Touro Law Review (6)
- Ahmed E SOUAIAIA (5)
- Neil J Foster (5)
- Scholarly Works (5)
- Working Paper Series (5)
- Gerard V. Bradley (4)
- McGeorge Law Review (4)
- Robert J. Araujo S.J. (4)
- Scholarly Articles (4)
- Faculty Publications (3)
- Wayne R. Barnes (3)
- Articles (2)
- Articles by Maurer Faculty (2)
- Cornell Law Faculty Publications (2)
- Elizabeth A. Clark (2)
- Faculty Articles (2)
- Journal Articles (2)
- Law Faculty Research Publications (2)
- Law Student Publications (2)
- Richmond Journal of Law and the Public Interest (2)
- Richmond Public Interest Law Review (2)
- Thomas C. Kohler (2)
- Publication Type
- File Type
Articles 61 - 90 of 252
Full-Text Articles in Law
Religious Freedom Legislation In The 2013 Virginia General Assembly, Ellis M. West
Religious Freedom Legislation In The 2013 Virginia General Assembly, Ellis M. West
Political Science Faculty Publications
If there is any Virginia law that deserves to be called "iconic," it is Section 16 of the Virginia Bill of Rights, which combines the religious freedom provision in Virginia's first Declaration of Rights (1776) with portions of Thomas Jefferson's Statute for Religious Liberty (1785). These two documents also inspired the religion clauses of the First amendment and are world famous.
[...]
This article consists of the following sections: Section one presents the content of the proposed amendment and explains the ways in which it is unclear, redundant, and otherwise poorly written. Section two addresses the issue of whether the …
The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan
The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan
Working Paper Series
This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …
Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Looking Beyond the Stacks (David L. Armond and Shawn G. Nevers)
- A Lesson in Flying (RonNell Anderson Jones)
- Faith, Family, and Religious Freedom (Elder Jeffrey R. Holland)
- Instruments in His Hand (Elder Larry Echo Hawk)
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
UF Law Faculty Publications
Beginning in 2013, the federal government mandated that general business corporations include contraceptive and early abortion coverage in large employee health plans. Internal Revenue Code Section 4980D imposes a substantial excise tax on health plans violating the mandate. Indeed, for one company – Hobby Lobby – the expected annual tax is nearly one-half billion dollars. Dozens of “for profit” businesses have challenged the mandate on free exercise grounds, asserting claims under the First Amendment as well as under the Religious Freedom Restoration Act.
So far, courts have been reluctant to hold corporations have religious rights of their own; as a …
Religious Anti-Vilification Laws: Gatekeeping Freedom Of Religion And Freedom Of Speech In Australia, Neil J. Foster
Religious Anti-Vilification Laws: Gatekeeping Freedom Of Religion And Freedom Of Speech In Australia, Neil J. Foster
Neil J Foster
Freedom of religion and freedom of speech, two fundamental human rights, intersect and may clash when the law prohibits “vilification” of others on the basis of their religion, especially if the word is defined broadly enough to include mere offence or annoyance. The paper addresses the current state of religious “anti-vilification” laws in Australia, and recent important appellate decisions on freedom of speech, to discuss whether current laws adequately provide an appropriate balance in this important area of public life.
Texas Cheerleaders And The First Amendment: Can You Cheer For God At A Football Game?, Brett A. Geier
Texas Cheerleaders And The First Amendment: Can You Cheer For God At A Football Game?, Brett A. Geier
Brett A Geier
The Kountze High School Cheerleaders in Kountze, Texas last year placed religious messages on run-through banners at the pre-game ceremonies for its football team. When district officials directed the cheerleaders to cease placing the messages on the banners, the cheerleaders sought relief under the Free Exercise Clause and free speech doctrine. In the spring of 2013, the District Court enjoined the school from preventing the cheerleaders from placing religious messages on the banners stating that the act did not violated the Establishment Clause. This particular case has multiple issues that must be addressed: First Amendment conflict; free speech fora, religious …
"Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion", Frederick Mark Gedicks, Rebecca G. Van Tassell
"Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion", Frederick Mark Gedicks, Rebecca G. Van Tassell
Frederick Mark Gedicks
Litigation surrounding use of the Religious Freedom Restoration Act to exempt employers from the Affordable Care Act’s “contraception mandate” is moving steadily towards eventual resolution in the U.S. Supreme Court. Both opponents and supporters of the mandate, however, have overlooked Establishment Clause limits on such exemptions. The fiery religious-liberty rhetoric surrounding the mandate has obscured that RFRA is a “permissive” rather than “mandatory” accommodation of religion—that is, a voluntary government concession to religious belief and practice that is not required by the Free Exercise Clause. Permissive accommodations must satisfy Establishment Clause constraints, notably the requirement that the accommodation not impose …
Religious Pretenders In The Courts: Unmasking The Imposters, John O. Hayward
Religious Pretenders In The Courts: Unmasking The Imposters, John O. Hayward
John O. Hayward
When courts decide First Amendment “Free Exercise” cases, they often are confronted with the daunting task of defining what exactly is a “religion.” This article examines how judicial definitions and interpretations of religious faith have evolved over many decades, including legal recognition of Wicca (modern day witchcraft) and Hare Krishna as “religions,” as well as courts steering clear of the issue whenever possible, for example, when faced with an adherent of the “Church of Body Modification” who claims her employer’s dress code violates her religion. It also explores how courts have sought to uncover deception and fraud hiding behind disingenuous …
Corporate “Soul”: Legal Incorporation Of Catholic Ecclesiastical Property In The United States - A Historical Perspective, Vicenç Feliú
Corporate “Soul”: Legal Incorporation Of Catholic Ecclesiastical Property In The United States - A Historical Perspective, Vicenç Feliú
Vicenç Feliú
This work is a revision and update of a study carried out in 1933 by Monsignor Patrick J. Dignan. Dignan’s purpose in his study was to outline the history of how the Roman Catholic Church secured laws for the protection of church property in accordance with the hierarchical nature of the Church. The purpose of the present article is to bring up to date Dignan’s work and complete a survey of the law in its present state. The article analyzes the differences in the law since the original survey to determine if Dignan’s conclusion that the Church should operate to …
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Working Paper Series
This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …
Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen
Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen
West Virginia Law Review
No abstract provided.
Islamic Flextime, Liaquat Ali Khan
Islamic Flextime, Liaquat Ali Khan
Ali Khan
Islamic flextime is derived from a divine decree that convenience is the organizing principle of cosmic construction. Rigid temporal frameworks restrict freedom and may even impede human happiness, social harmony, and economic efficiency. This essay explains the foundation of Islamic temporality. Islam teaches that human beings can use temporality but they have no control over time, just as they can benefit from sunlight but cannot conquer the sun. A flexible notion of temporality facilitates the performance of obligations, without repudiating the core concepts of punctuality and time commitments. Islamic flextime is an accommodation principle that respects individual needs and mitigates …
A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, Ahmed Souaiaia
A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, Ahmed Souaiaia
Ahmed E SOUAIAIA
Qatar, Saudi Arabia, United Arab Emirate (UAE), Turkey, and the West condemned in unison the Syrian regime for its harsh treatment of Syrians from the first day of the uprising in that country. Many observers were skeptical of the stated reasons for this sudden interest in human rights issues given that the Gulf States are in fact models of repressive governance. As the reaction to the Egyptian crisis revealed, the opposition to the Syrian regime was not motivated by its stated goals (support for democracy and condemnation for authoritarianism). It was dictated by narrow political, ideological, and sectarian interests.
Speaker, “On Religion And Money”, Michael Helfand
Speaker, “On Religion And Money”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “On Religion And Money”, Michael Helfand
Speaker, “On Religion And Money”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand
Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand
Michael A Helfand
No abstract provided.
Should Insurance Companies Be Forced To Reimburse Contraceptives Despite Religious Objections?, Robin Wilson, Tamara Piety
Should Insurance Companies Be Forced To Reimburse Contraceptives Despite Religious Objections?, Robin Wilson, Tamara Piety
Tamara R. Piety
Presented by TU's Federalist Society: Professor Robin Fretwell Wilson, the Class of 1958 Law Alumni Professor of Law and the Law Alumni Faculty Fellow for 2011—2012, received her J.D. and B.A. degrees from the University of Virginia where, at the School of Law, she served on the Editorial Board of the Virginia Law Review. Before entering practice, she clerked for the United States Court of Appeals for the Fifth Circuit. A specialist in Family Law and Health Law, her research and teaching interests also include Insurance and Biomedical Ethics. Professor Wilson is the editor of four volumes: Health Law and …
Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert Araujo
Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert Araujo
Robert J. Araujo S.J.
No abstract provided.
Cracking The Code: Amending Canon Law To Exclude Sexual Abuse Offenders From Roman Catholic Ordination, Hannah C. Dugan J.D.
Cracking The Code: Amending Canon Law To Exclude Sexual Abuse Offenders From Roman Catholic Ordination, Hannah C. Dugan J.D.
Hannah C. Dugan J.D.
Abstract: In 2002, a public scandal broke in the United States revealing the depth of Roman Catholic clerical sex abuse, and exposing the breadth of failed episcopal response to victim complaints. Many civil, criminal, religious and bankruptcy court matters have been pursued to bring justice for victims and survivors. However, the Church’s Code of Canon Law, that lists specifically who may not be ordained, does not exclude sexual abuse offenders from holy orders. This article discusses legal and extra-legal remedies in the wake of the sexual abuse scandal, and argues for amending the Code of Canon Law so that the …
Anatomy Of The Reasonable Observer, Jessie Hill
Anatomy Of The Reasonable Observer, Jessie Hill
Jessie Hill
The “reasonable observer”—the fictional person from whose perspective we are to judge whether a governmental display or practice violates the Establishment Clause—has been under fire for decades. Primarily, critics argue that the reasonable observer, as conceived by the Supreme Court, is incapable of representing a community perspective because he does not sufficiently resemble a flesh-and-blood person. This criticism can be further articulated as two specific complaints: first, that too much knowledge is imputed to the reasonable observer, making him more omniscient than the average passerby; and second, that the reasonable observer, like the average judge, is biased toward a majoritarian …
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill
Shlomo C. Pill
This paper considers the viability of autonomous-text constitutionalism, a constitutional interpretive and adjudicative theory based on Hans Georg-Gadamer’s philosophical hermeneutics. As the paper explains, this theory is premised on the subjectivity of all interpretive activity; it admits the legitimacy of a wide spectrum of reasonable interpretations of the Constitution, each given their unique character by the dialectical merging of experiential horizons between the fixed text and individual interpreter. This theory embraces a plurality of constitutional meanings in theory, limited by the need for unity in national spheres of constitutional practice. Such practical certainty is achieved by our empowering judicial institutions …
Catholic Social Thought: A Critical Investigation, Thomas Kohler
Catholic Social Thought: A Critical Investigation, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Foreign Sovereign Immunity And The Holy See, Robert Araujo
Foreign Sovereign Immunity And The Holy See, Robert Araujo
Robert J. Araujo S.J.
No abstract provided.
A Natural Law Approach To An Issue Of The Day: A Critique Of The (Equality) Justification For Same Sex Marriage, Robert Araujo
A Natural Law Approach To An Issue Of The Day: A Critique Of The (Equality) Justification For Same Sex Marriage, Robert Araujo
Robert J. Araujo S.J.
No abstract provided.
A Corporation Has No Soul - The Business Entity Law Response To Challenges To The Contraceptive Mandate Under The Ppaca, Thomas E. Rutledge
A Corporation Has No Soul - The Business Entity Law Response To Challenges To The Contraceptive Mandate Under The Ppaca, Thomas E. Rutledge
Thomas E. Rutledge
The most contentious matter in the implementation of the Patient Protection and Affordable Care Act (the “PPACA”) is not a question of health care, but rather one of the law of business organizations. The dispute has been over the requirement that group health insurance plans provide, on a no-cost sharing basis, coverage for a variety of procedures and prescription medicines involving contraception and what are described as “abortificants.”
The class of suits subject to this discussion were filed by what are not religious organizations but rather for-profit business ventures, asserting that they should be exempt from the requirements of the …
Evolving Christian Attitudes Towards Personal And National Self-Defense, David B. Kopel
Evolving Christian Attitudes Towards Personal And National Self-Defense, David B. Kopel
David B Kopel
This Article analyzes the changes in orthodox Christian attitudes towards defensive violence. While the Article begins in the 19th century and ends in the 21st, most of the Article is about the 20th century. The Article focuses on American Catholicism and on the Vatican, although there is some discussion of American Protestantism.
In the nineteenth and early in the twentieth centuries, the traditional Christian concepts of Just War and of the individual's duty to use force to defend himself and his family remained uncontroversial, as they had been for centuries.
Disillusionment over World War I turned many Catholics and Protestants …
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
Working Paper Series
The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Working Paper Series
John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …
Speaker And Participant: A Celebration Of The Work Of Mary Ann Glendon, Thomas Kohler
Speaker And Participant: A Celebration Of The Work Of Mary Ann Glendon, Thomas Kohler
Thomas C. Kohler
No abstract provided.