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Religion

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Articles 781 - 800 of 800

Full-Text Articles in Law

Virginia Tax Laws Affecting Churches, J. Rodney Johnson Jan 1984

Virginia Tax Laws Affecting Churches, J. Rodney Johnson

Law Faculty Publications

This is the second of two articles dealing with external church law in Virginia. The first article was a restatement of all Virginia laws relating to churches except for the tax laws. The subject of taxes was reserved for special treatment at that time because of the volume of tax-related materials. For the most part these materials consist of the various constitutional and statutory taxation provisions relating to religious charities and the opinions of the Virginia Attorney General interpreting and applying these provisions. Attorney General opinions take on a special importance in this study because there is only a handful …


Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck Jan 1984

Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck

Faculty Publications

The thesis of this Article is that the myth-of-neutrality argument is partially right and partially wrong. For reasons of religious liberty, the state can and should avoid any involvement with matters of religious worship, and the propagation or inculcation of matters that comprise the very heart of one's belief concerning the nature and destiny of mankind. Conversely, the state cannot retreat from the regulation of certain conduct which is arguably immoral and still claim its neutrality concerning the rightness of the conduct. The very decision by the state to withdraw its regulation, leaving the morality of the conduct up to …


Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams Jan 1984

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …


Where Lies Prophecy?, Bruce Ledewitz Jan 1983

Where Lies Prophecy?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz Jan 1982

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson Jan 1982

Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz Jan 1982

Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Book Review, Bruce Ledewitz Jan 1982

Book Review, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz Jan 1982

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


A Sect Apart: A History Of The Legal Troubles Of The Shakers, Ralph Michael Stein Jan 1981

A Sect Apart: A History Of The Legal Troubles Of The Shakers, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This article explores the Shaker experience in nineteenth century America, particularly their relationship to legislative bodies and courts and analyzes the reasons underlying the persistent, selective, official persecution of this group.


Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall Jan 1980

Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall

Faculty Publications

No abstract provided.


The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz Jan 1979

The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus Jan 1973

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Faculty Publications

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …


The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice Jan 1966

The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice

Journal Articles

In summary, it is fair to say that to regard the rule of the Judd case as retaining its original vitality would be to lend undue credence to an erroneous construction of the 1938 amendment to Section 3 of Article XI of the New York State Constitution. For, although that amendment provided only for transportation of pupils, it should be construed in its true light as a reaction to the Judd decision which called it forth. As such it specifically validated only the provision of transportation which the legislature had enacted in 1936 and which the Judd Court had nullified. …


The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice Jan 1964

The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice

Journal Articles

It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …


Let Us Pray - An Amendment To The Constitution, Charles E. Rice Jan 1964

Let Us Pray - An Amendment To The Constitution, Charles E. Rice

Journal Articles

The catholic, and especially the Catholic lawyer, ought to consider the school prayer matter in several aspects. One aspect is the problem of constitutionality. Another is the question of the practical benefit to be derived from the institutionalization of governmentally-sponsored religious observances. And a third is the problem of whether the long-term interest of the Church will be served by an amendment to overrule the United States Supreme Court's decisions. It will be profitable here to discuss the problems of constitutionality and practical benefit before proceeding to an inquiry as to whether the Catholic opponents of an amendment are, perhaps …


The Balance Sheet Of Law And Religion, Frank E. Horack Jr. Jan 1946

The Balance Sheet Of Law And Religion, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.


The Law In Its Relation To Religion And Morals, Edwin C. Goddard Jan 1911

The Law In Its Relation To Religion And Morals, Edwin C. Goddard

Other Publications

Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. Now, and in this United States, not less than in ages past and in other parts of the world, is this a fundamental fact. He who, without a recognition of this, would study either religion or government, would quite fail to comprehend his problem. Man is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. The world depicted with such irresistible genius by Rosseau …


The Legal Status Of The Teacher, Floyd R. Mechem Jan 1900

The Legal Status Of The Teacher, Floyd R. Mechem

Articles

Prof. Mechem's address on the status of public and private school teachers.


The Legal Status Of The Teacher, Floyd R. Mechem Jan 1900

The Legal Status Of The Teacher, Floyd R. Mechem

Other Publications

The subject upon which I have been asked to speak, is the legal status of the teacher. In endeavoring to comply with this request, I have assumed that such an audience as this would not be interested in the bare legal aspect of the question, as an audience of lawyers might be. Nevertheless, any effort to speak upon the teacher's legal status necessarily presupposes that what is to be said on the social, political, or pedagogical sides of the matter will be said by others, and that only that which pertains to the legal aspect is now in order. The …