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Full-Text Articles in Law

Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short Oct 2010

Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short

Dalhousie Law Journal

Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …


Role Of Individuals Discrimination In Free Exercise Claims: Putting Iqbal In Its Place, The, Leila Mcneill Jun 2010

Role Of Individuals Discrimination In Free Exercise Claims: Putting Iqbal In Its Place, The, Leila Mcneill

Missouri Law Review

Ashcroft v. Iqbal has been widely discussed for three reasons: (1) its extension of Twombly's pleading standard to cases outside the realm of antitrust suits, (2) its application of the collateral order doctrine to a district court order denying an official's motion to dismiss on the basis of qualified immunity in a Bivens claim, and (3) its implication for national security and postSeptember 11th terrorist detainments and investigations. However, Iqbal also implicates the nature of what constitutes unconstitutional religious discrimination under the First Amendment's Free Exercise Clause. Therefore, the Iqbal Court's discussion of religious liberty will present problems of interpretation …


Snyder V. Phelps, Sarah E. Merkle Apr 2010

Snyder V. Phelps, Sarah E. Merkle

South Carolina Law Review

No abstract provided.


Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi Jan 2010

Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland Jan 2010

Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland

Villanova Law Review

No abstract provided.


And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg Jan 2010

And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine Jan 2010

Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.