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Full-Text Articles in Law

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett Oct 2014

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.


Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff Sep 2014

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

Georgia Journal of International & Comparative Law

No abstract provided.


Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin May 2013

Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin

Peter G. Danchin

No abstract provided.


The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin May 2013

The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin

Peter G. Danchin

No abstract provided.


An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein Jan 2011

An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

Scholarly Works

No abstract provided.


Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin Sep 2010

Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin

Peter G. Danchin

Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …


Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin Jun 2008

Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin

Peter G. Danchin

The grounds upon which states may limit the freedom to manifest religion or belief are divisive questions in constitutional and international law. The focus of recent inquiry has been on laws which proscribe the wearing of religious symbols in certain aspects of the public sphere, and on the claims more generally to religious and cultural freedom of Muslim minorities in European nation-states. Stepping back from these debates, this Article aims at a more rigorous theoretical treatment of the subject. It asks whether there is a coherent notion of religious freedom in international legal theory and, if not, why not? In …


Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin Jun 2008

Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin

Peter G. Danchin

The case of proselytism presents a tangle of competing claims: on the one hand, the rights of proselytizers to free exercise of religion and freedom of speech; on the other hand, the rights of targets of proselytism to change their religion, peacefully to have or maintain a particular religious tradition, and to be free from injury to religious feelings. Clashes between these claims of right are today generating acute tensions in relations between States and peoples, a state of affairs starkly illustrated by the recent Danish cartoons controversy. Irrespective of their resolution in any particular domestic legal system, how should …


U.S. Unilateralism And The International Protection Of Religious Freedom: The Multilateral Alternative, Peter G. Danchin Jun 2008

U.S. Unilateralism And The International Protection Of Religious Freedom: The Multilateral Alternative, Peter G. Danchin

Peter G. Danchin

This article considers the tension in U.S. foreign policy between unilateral and multilateral approaches to the promotion and protection of religious freedom. In particular, it analyzes the recently enacted International Religious Freedom Act of 1998 that seeks to enforce international human rights norms through the imposition of unilateral sanctions on foreign countries that deny religious freedom and persecute religious groups. The Article suggests that this approach stands in an uneasy relationship with existing international and regional human rights regimes and institutions. It argues that as an instrument of foreign policy, the Act is vulnerable to politicization and abuse of the …


A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr. Mar 2001

A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.

William & Mary Law Review

No abstract provided.