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University of Michigan Law School

Religion Law

Religious liberty

Articles 1 - 10 of 10

Full-Text Articles in Law

Kauper: Religion And The Constitution, Wilber G. Katz Apr 1965

Kauper: Religion And The Constitution, Wilber G. Katz

Michigan Law Review

A Review of Religion and the Constitution. By Paul G. Kauper.


Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J. Jan 1965

Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J.

Michigan Law Review

A Review of Religion and the Public Order. An Annual Review of Church and State and of Religion, Law and Society, The Institute of Church and State, Villanova University School of Law. Edited by Donald A. Giannella.


Church, State, And Freedom: A Review, Paul G. Kauper Apr 1956

Church, State, And Freedom: A Review, Paul G. Kauper

Michigan Law Review

The Supreme Court's opinion in the Everson case declaring that the separation-of-church-and-state limitation derived from the First Amendment was equally applicable to the states via the Fourteenth Amendment opened up new vistas on the church-state problems in this country. Opponents of released time programs were quick to seize the opening thus afforded as evidenced by the litigation in the McCollum and Zorach cases. And even before the Everson case reached it, the Supreme Court, thanks almost entirely to the efforts of Jehovah's Witnesses, had been engaged at length with the task of defining the dimensions of religious freedom as secured …


Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed. Dec 1955

Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.

Michigan Law Review

Testator devised and bequeathed his property to his children, but with a proviso that the gift to any child who should marry a person not born in the Hebrew faith should lapse. Subsequent to the testator's death, the defendant married a woman who had been born a Roman Catholic. The other beneficiaries brought a proceeding to declare that the defendant had lost his rights under the will by reason of his marriage. The probate court granted a decree substantially as sought by the plaintiffs. On appeal, held, affirmed. This partial restraint on marriage is not so unreasonable as to …


Release Time And Religious Liberty: A Reply, Leo Pfeffer Nov 1954

Release Time And Religious Liberty: A Reply, Leo Pfeffer

Michigan Law Review

In his generous article-review of this writer's book, Church, State, and Freedom, Paul G. Kauper justified the decision of the United States Supreme Court in Zorach v. Clauson on the basis of its prior decision in Pierce v. Society of Sisters. In the Pierce case, it will be remembered, the Supreme Court invalidated an Oregon statute whose purpose it was to require attendance of all children at public schools. In Zorach v. Clauson, the Court upheld the validity of a New York statute that permitted public schools to release children for one hour weekly to receive religious …


Constitutional Law-Church And State-Distribution Of Gideon Bible In Public Schools, Raymond R. Trombadore S.Ed. May 1954

Constitutional Law-Church And State-Distribution Of Gideon Bible In Public Schools, Raymond R. Trombadore S.Ed.

Michigan Law Review

The Gideons International, a non-profit religious corporation, applied by letter to the Board of Education of the Borough of Rutherford, New Jersey, for permission to distribute free copies of the Gideon Bible to pupils of the public schools of that community. By resolution passed at a regular meeting of the board, permission was granted for distribution to pupils whose parents requested copies of the Bible. Prior to distribution, suit for injunction was commenced by parents of Jewish and Catholic pupils to determine the validity of the distribution under the federal and New Jersey constitutions. The trial court found for defendants. …


Torpey: Judicial Doctrine Of Religious Rights In America, Michigan Law Review Jan 1949

Torpey: Judicial Doctrine Of Religious Rights In America, Michigan Law Review

Michigan Law Review

A Review of JUDICIAL DOCTRINE OF RELIGIOUS RIGHTS IN AMERICA. By William George Torpey.


Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed. Nov 1947

Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.

Michigan Law Review

At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of …


Constitutional Law-Freedom Of Speech And Religion-What Constitutes State Action, George Brody S.Ed. Apr 1946

Constitutional Law-Freedom Of Speech And Religion-What Constitutes State Action, George Brody S.Ed.

Michigan Law Review

Appellant, a Jehovah Witness, attempted to distribute religious literature in Chickasaw, a town in Alabama, owned by the Gulf Shipbuilding Corporation. Appellant was told by the corporate authorities that the town was private property and that she would not be permitted to distribute her literature. She was also asked to leave and when she refused to do so was arrested and prosecuted under an Alabama trespass statute. In her defense, appellant contended that to apply this statute to her activities in Chickasaw would abridge her right to freedom of press and religion as guaranteed by the Fourteenth Amendment. She was …


Christian Science And Religious Liberty, Edward W. Dickey Feb 1906

Christian Science And Religious Liberty, Edward W. Dickey

Michigan Law Review

Prominent among the expressions of religious thought in this country in recent years is that of Christian Science. Its teaching in regard to the healing of disease without any material agencies has called forth many comments on the question of religious liberty. As it has attracted to it a large and ever increasing number of intelligent and law-abiding citizens, all over the country, and as there have been several efforts to partially or totally restrict its practice as a means of healing, by proscriptive legislation, we deem it proper to set forth, in a general way, some of the questions, …