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- Establishment clause (Constitutional law) (3)
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Articles 1 - 12 of 12
Full-Text Articles in International Law
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Articles by Maurer Faculty
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The question of whether caste discrimination is a form of race or national origin discrimination under Title VII or Section 1981 depends upon how the courts apply these definitions to caste discrimination based on untouchability. There are legitimate arguments that this form of discrimination is recognized within the concept …
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
Indiana Journal of Constitutional Design
In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
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.
Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr
Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr
Indiana Journal of Global Legal Studies
Nebraska and Pennsylvania currently have laws in place that prohibit public school teachers from wearing religious garb. This Note applies the appropriate constitutional framework-a balancing test-in order to determine the propriety of a religious garb statute. Courts have upheld the statutes in light of perceived government endorsement of teachers' religion and feared impact on impressionable young children. However, both of these concerns are exaggerated and misplaced. Rather, a court must consider the demands a newly globalized world places on effective education for tomorrow's global citizens.
The Role Of Culture In The Creation Of Islamic Law, John Hursh
The Role Of Culture In The Creation Of Islamic Law, John Hursh
Indiana Law Journal
No abstract provided.
A Look At Traditional Islam's General Discord With A Permanent System Of Global Cooperation, Meghan E. Tepas
A Look At Traditional Islam's General Discord With A Permanent System Of Global Cooperation, Meghan E. Tepas
Indiana Journal of Global Legal Studies
In today's world, nation-states do not operate in isolation. Rather, the myriad global organizations and cross-border treaties evidence that the post-World War II political climate is one of interconnectedness and cooperation between states. Against this backdrop, this Note surveys the tension between the current global world order and a strict adherence to traditional source-based application of Islamic law, Shari'a. The tension begins with the concept of statehood, seemingly absent in traditional Islam, and continues with the Islamic unification of religion and state and its limited role for a political leader. Using Iran as an example, this Note argues that political …
Secularization, Religiosity, And The United States Constitution, Christopher L. Eisgruber
Secularization, Religiosity, And The United States Constitution, Christopher L. Eisgruber
Indiana Journal of Global Legal Studies
This article draws upon leading works in the sociology of religion to assess what I shall call "the secularization claim" regarding the United States. It endeavors, in particular to clarify the possible meanings of "secularization,"and then to use these conceptual refinements to examine what sort of evidence exists that the United States has been secularized. Though it is not possible to falsify every version of the secularization claim, there is little evidence to support it, especially in its most prominent and politically relevant variations. The article then goes on to offer a preliminary analysis of to what extent, if any, …
Religious Exemptions, Formal Neutrality, And Laïcité, Frederick Mark Gedicks
Religious Exemptions, Formal Neutrality, And Laïcité, Frederick Mark Gedicks
Indiana Journal of Global Legal Studies
Rights to free exercise in the United States are governed by a doctrine of formal neutrality, which seems to resemble the French doctrine of la'cit6. This resemblance tempts one to conclude that the doctrinal regimes of religious liberty in the United States and France are also essentially the same. Despite their superficial resemblance, however formal neutrality and laĭcité generate regimes of religious liberty that are substantially, even radically, different. Notwithstanding conceptually similar organizing principles, there is a significant difference in the substance of religious liberty in the United States and France owing to very different conceptions of the proper role …
Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle
Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle
Indiana Journal of Global Legal Studies
In this article, I describe and analyze three principles of First Amendment doctrine. First, the Establishment Clause generally forbids governmental expression that has the purpose or effect of promoting or endorsing religion. Second, and conversely, private religious expression is broadly defined and is strongly protected by the Free Speech Clause. Third, as an implicit exception to the first principle, the government itself is sometimes permitted to engage in expression that seemingly does promote and endorse religion, but only when the expression is noncoercive, nonsectarian, and embedded within (or at least in harmony with) longstanding historical tradition. Comparing these three principles …
Rallying The Armies Or Bridging The Gulf: Questioning The Significance Of Faith-Based Educational Initiatives In A Global Age, Amy Stambach
Rallying The Armies Or Bridging The Gulf: Questioning The Significance Of Faith-Based Educational Initiatives In A Global Age, Amy Stambach
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen
The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen
Indiana Journal of Global Legal Studies
No abstract provided.
Religious Fundamentalism And Legal Systems: Methods And Rationales In The Fight To Control The Political Apparatus, Andrew Paine
Religious Fundamentalism And Legal Systems: Methods And Rationales In The Fight To Control The Political Apparatus, Andrew Paine
Indiana Journal of Global Legal Studies
No abstract provided.