Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- 1995) (2)
- Constitutions (2)
- Federal (2)
- Free Exercise of Religion (2)
- Freedom of Religion (2)
-
- New York (2)
- Supreme Court (2)
- Wisconsin v. Yoder (2)
- (decided October 11 (1)
- Article XI (1)
- Bias (1)
- Chapter 241 (1)
- Chapter 748 (1)
- Child Custody (1)
- Christian Science (1)
- Christopher Eisgruber (1)
- Church and State (1)
- Church and state (1)
- Compelling state interest (1)
- Constitution (1)
- Constitutional Law (1)
- Custodial Parents (1)
- Domestic Relations (1)
- Due Process of Law (1)
- Education law (1)
- Equality before the law (1)
- Establishment Clause (1)
- Establishment of Religion (1)
- First Amendment (1)
- Foreign Affairs (1)
- Publication
- Publication Type
Articles 1 - 21 of 21
Full-Text Articles in Constitutional Law
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Hellenic Republic And The Prevailing Religion, Charalambos K. Papastathis
The Hellenic Republic And The Prevailing Religion, Charalambos K. Papastathis
BYU Law Review
No abstract provided.
Church-State Relations In The Russian Federation, Andrei Osharouich Protopopov
Church-State Relations In The Russian Federation, Andrei Osharouich Protopopov
BYU Law Review
No abstract provided.
Church And State In France, Belgium, And The Netherlands: Unexpected Similarities And Hidden Differences, Rik Torfs
BYU Law Review
No abstract provided.
Church-State Relations In The Czech Republic: Past Turmoil And Present Transformation, Elizabeth A. Clark
Church-State Relations In The Czech Republic: Past Turmoil And Present Transformation, Elizabeth A. Clark
BYU Law Review
No abstract provided.
Religious Freedom And Doctrines Of Reluctance In Post-Charter Canada, David H. Moore
Religious Freedom And Doctrines Of Reluctance In Post-Charter Canada, David H. Moore
BYU Law Review
No abstract provided.
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
BYU Law Review
No abstract provided.
Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young
Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young
BYU Law Review
No abstract provided.
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Faculty Articles
Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …
Introduction: An Ambivalent View Of The Religious Equality Amendment, Frederick Mark Gedicks
Introduction: An Ambivalent View Of The Religious Equality Amendment, Frederick Mark Gedicks
BYU Law Review
No abstract provided.
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Indiana Law Journal
No abstract provided.
‘By What Right?’: The Sources And Limits Of Federal Court And Congressional Jurisdiction Over Matters ‘Touching’ Religion, Robert A. Destro
‘By What Right?’: The Sources And Limits Of Federal Court And Congressional Jurisdiction Over Matters ‘Touching’ Religion, Robert A. Destro
Scholarly Articles
This Article examines the extent to which the Court's power "to say what the law is"" on the sensitive subject of religious liberty has been, and continues to be, constrained by the lawmaking powers of Congress and the states. Though the topic is obviously an important one, it has not been examined systematically. Most of the case law and commentary focuses on the limits which the Constitution imposes, or should be held to impose, on the powers of Congress and the states. The Court's power to define those limits appears, by contrast, to be one of those "fundamental assumptions [that] …
Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson
Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson
UIC Law Review
No abstract provided.
What's In A Name - Nothing Good If It's Friday: The Seventh Circuit Invalidates Good Friday Public School Holiday, 29 J. Marshall L. Rev. 1031 (1996), Joanne Yasus
UIC Law Review
No abstract provided.
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
UIC Law Review
No abstract provided.
Developments In Liability Theories And Defenses, Robert A. Destro
Developments In Liability Theories And Defenses, Robert A. Destro
Scholarly Articles
Litigators with experience in the field of religious liberty believe that courts do not seem to take religious liberty claims and defenses very seriously; however, it is difficult to know why. To be sure, the anecdotal evidence is certainly there, not only in the reported cases, but also in the actual courtroom experiences of those who attempt to raise religious liberty claims and defenses. In one Texas tort case, a trial court judge stated that she would not permit the Church "to hide behind the first amendment;" in a Maryland case a number of years ago, I was asked by …
All Things Being Equal, John H. Garvey
All Things Being Equal, John H. Garvey
Scholarly Articles
I will discuss the effect that the proposed Religious Equality Amendment might have on existing First Amendment law.
Yoder And The Question Of Equality, Laura S. Underkuffler
Yoder And The Question Of Equality, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
Scholarly Works
Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases. In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …