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Full-Text Articles in Law
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
BYU Law Review
Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies. …
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
BYU Law Review
The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …
Human Rights, Religious Freedom, And Peace, David Little
Human Rights, Religious Freedom, And Peace, David Little
BYU Law Review
No abstract provided.
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
BYU Law Review
The United States Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., which brought for-profit corporations under the protection of the Religious Freedom Restoration Act, has been the subject of widespread support and criticism. Some have lauded the Hobby Lobby decision as an important step in protecting religious freedom. Others have derided it as an affront to the civil rights of corporate employees. This Article suggests a third perspective, namely, that Hobby Lobby harms, rather than helps, religious freedom. Both legally and politically, Hobby Lobby is likely to lead to a reduction in protection for religious individuals and entities …