Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (17)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (10)
- Selected Works (6)
- Pepperdine University (5)
- SelectedWorks (4)
-
- University of Pittsburgh School of Law (4)
- Maurer School of Law: Indiana University (3)
- Roger Williams University (3)
- University of Georgia School of Law (3)
- University of Michigan Law School (3)
- Seattle University School of Law (2)
- University of Washington School of Law (2)
- American University Washington College of Law (1)
- Brigham Young University Law School (1)
- Cleveland State University (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- Mississippi College School of Law (1)
- Mitchell Hamline School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Colorado Law School (1)
- University of Maine School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Montana (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- ExpressO (17)
- Supreme Court Briefs (8)
- Articles (5)
- Pepperdine Law Review (5)
- Eric Alan Isaacson (2)
-
- Georgia Journal of International & Comparative Law (2)
- Seattle University Law Review (2)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Ashutosh Bhagwat (1)
- Book Chapters (1)
- Dr. Reuven (Ruvi) Ziegler (1)
- Elizabeth A. Clark (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Georgia Law Review (1)
- Gregory P. Magarian (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Law Journal (1)
- Katharine Jackson (1)
- LLM Theses (1)
- Law Faculty Articles and Essays (1)
- Law Library Newsletters/Blog (1)
- Law School Blogs (1)
- Life of the Law School (1993- ) (1)
- Loyola of Los Angeles Law Review (1)
- Maine Law Review (1)
- Marquette Law Review (1)
- Michigan Law Review (1)
- Mississippi College Law Review (1)
- Publication Type
Articles 31 - 60 of 76
Full-Text Articles in Religion Law
Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley
Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley
Georgia Journal of International & Comparative Law
No abstract provided.
The Need For A Law Of Church And Market, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
Faculty Publications
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …
Religious Exemptions, Marriage Equality, And The Establishment Of Religion, Nancy J. Knauer
Religious Exemptions, Marriage Equality, And The Establishment Of Religion, Nancy J. Knauer
Nancy J. Knauer
The advent of nationwide marriage equality has sparked a robust debate over the extent of religious liberties and the limits of civil rights protections. As public opinion regarding LGBT individuals and the families they form has evolved, religious beliefs that once served as the basis for law and policy have been increasing marginalized. Various efforts have been made to protect religious objectors who continue to believe that marriage is only between one man and one woman. For example, all of the states that had enacted marriage equality legislation included exceptions for clergy and religious organizations to ensure that they would …
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Georgia Journal of International & Comparative Law
No abstract provided.
Religious Associations: Hosanna-Tabor And The Instrumental Value Of Religious Groups, Ashutosh Bhagwat
Religious Associations: Hosanna-Tabor And The Instrumental Value Of Religious Groups, Ashutosh Bhagwat
Ashutosh Bhagwat
In its 2012 decision in Hosanna-Tabor Evangelical Church & Sch. V. EEOC, the Supreme Court held that the Religion Clauses of the First Amendment require recognition of a “ministerial exception” to general antidiscrimination statutes (in that case, the ADA), because religious institutions must have autonomy in selecting their ministers. In the course of its analysis, however, the Court made a very interesting move. In response to the government’s argument that the case could be resolved under the general First Amendment right of association, the Court responded that this position was “untenable,” and indeed “remarkable,” because the very existence of …
The New Religious Institutionalism Meets The Old Establishment Clause, Gregory P. Magarian
The New Religious Institutionalism Meets The Old Establishment Clause, Gregory P. Magarian
Gregory P. Magarian
Recent religious liberty scholarship spotlights the legal rights of churches and similar religious institutions, as distinct from the rights of individual religious believers. Advocates of “the new religious institutionalism” argue that religious institutions need robust legal rights in order to effectuate their institutional functions and advance religious believers’ interests. The Supreme Court recently fanned the new institutionalist flame by holding, in Hosanna Tabor Evangelical Lutheran Church v. EEOC, that the Constitution protects churches from legal liability for employment discrimination in hiring ministers. In this essay, Professor Magarian considers a complication that advocates of the new religious institutionalism have generally ignored: …
Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston, Leslie C. Griffin
Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Faculty Scholarship
Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …
Religions As Sovereigns: Why Religion Is "Special", Elizabeth A. Clark
Religions As Sovereigns: Why Religion Is "Special", Elizabeth A. Clark
Elizabeth A. Clark
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Pepperdine Law Review
Justice Hugo L. Black served on the United States Supreme Court over a period of thirty-four years, encompassing Supreme Court terms from 1937 to 1971. During this period, the subject of the constitutional limitations of the freedom of religion was increasingly subjected to intense social pressures. Justice Black figured prominently in the development of constitutional law as the Supreme Court attempted to give meaning to the establishment and free exercise clause of the first amendment. He wrote the majority opinions which dealt with the establishment clause in the Everson, McCulloin, Engel and Torcaso cases. Yet, on later occasions, Justice Black …
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Kant V. Lexington Theological Seminary, Leslie C. Griffin
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Kant V. Lexington Theological Seminary, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Are Same-Sex Marriages Really A Threat To Religious Liberty?, Eric Alan Isaacson
Are Same-Sex Marriages Really A Threat To Religious Liberty?, Eric Alan Isaacson
Eric Alan Isaacson
Some have contended that same-sex couples' marriages pose a grave danger to the religious liberty of social conservatives whose faith traditions do not bless same-sex unions. Those who oppose recognizing same-sex couples' right to marry have even contended that their clergy and churches might be subject to hate-crime prosecutions and loss of tax-exempt status if same-sex couples may lawfully marriage. This article seeks to answer those objections, pointing out that many limitations on religious marriages -- such as Roman Catholic doctrine barring remarriage by those who are civilly divorced -- parallel religious rules similarly limiting or withholding recognition from same-sex …
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Scott V. Pierce, Leslie C. Griffin
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Scott V. Pierce, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin
Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Noah's Curse: How Religion Often Conflates Status, Belief, And Conduct To Resist Antidiscrimination Norms, William N. Eskridge Jr.
Noah's Curse: How Religion Often Conflates Status, Belief, And Conduct To Resist Antidiscrimination Norms, William N. Eskridge Jr.
Georgia Law Review
Today, many devout Christian fundamentalists support
some state discrimination against gay people, on the
ground that full equality for gays would mean fewer
liberties for themselves. In its recent controversy with a
public law school, the Christian Legal Society argued that
it was entitled to state subsidies even though it violated
the school's antidiscrimination policy. The Society said it
excluded only "unrepentant homosexuals"-those gay
persons whose "immoral" conduct and degraded status
were directly linked to what the Society considered an
anti-Christian message.
Professor Eskridge demonstrates that the same clash
between equality for minorities and liberty for Christian
fundamentalists played out …
R (On The Application Of E) (Respondent) V Governing Body Of Jfs And The Admissions Appeal Panel Of Jfs (Appellants) And Others (Case Note) [2009] Uksc 15, Reuven (Ruvi) Ziegler
R (On The Application Of E) (Respondent) V Governing Body Of Jfs And The Admissions Appeal Panel Of Jfs (Appellants) And Others (Case Note) [2009] Uksc 15, Reuven (Ruvi) Ziegler
Dr. Reuven (Ruvi) Ziegler
This case-note offers comparative perspectives on the UK Supreme Court’s judgment in the JFS case (alleged racially discriminatory school admissions policy) and the Israeli Supreme Court’s judgment in the Emanuel Haredi school case (alleged Ashkenazi/Sephardi segregation arrangements).
A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer
A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer
Articles
In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …
The Anabaptist Conscience And Religious Exemption To Jury Service, Michael Hatfield
The Anabaptist Conscience And Religious Exemption To Jury Service, Michael Hatfield
Articles
While the concern over religiously devout Americans who wish to serve on juries is a serious one, a potential juror dismissed from service over his or her religiosity suffers a real but relatively abstract damage. The punishment is being sent home when they want to stay.
This Article examines a different issue with more severe consequences: religiously devout citizens who risk being jailed for refusing to serve on a jury. Rather than asking whether Jesus could serve on a jury, this Article addresses whether we should force Jesus to serve if he said God told him not to. More specifically, …
Put That In Your Thurible And Smoke It: Religious Gerrymandering Of Sacramental Intoxication, Mark A. Levine
Put That In Your Thurible And Smoke It: Religious Gerrymandering Of Sacramental Intoxication, Mark A. Levine
ExpressO
In February 2006, the Supreme Court ruled on the case Gonzales v. O Centro Beneficente Uniao do Vegetal, granting an injunction permitting the use of ayahuasca, a plant containing the Schedule I substance Dimethyltryptamine, for sacramental intoxication purposes. The unanimous Court justified this injunction by comparing the Uniao do Vegetal's use of the illegal substance with the Native American Church's use of peyote, which contains another Schedule I substance, mescaline. This ruling is incomptabile with lower court rulings rejecting the Ethiopian Zion Coptic Church use of marijuana, consistently stating that the Native American Church has rights beyond those of other …
Derrick Bell's Narratives As Parables, George H. Taylor
Derrick Bell's Narratives As Parables, George H. Taylor
Articles
Use of the narrative form in law and legal analysis remains controversial, especially by advocates of critical race theory. Critics maintain that narratives can distort if they are not sufficiently based on empirical fact or reason. Narratives, the claim goes, must be evaluated on the basis of objective standards. My Article argues that this posture critical of narrative is mistaken. I contend that to comprehend how narratives should be interpreted, their literary character must first be understood.
The Article examines the narratives of Derrick Bell, the preeminent critical race and narrative scholar, and maintains that Bell's narratives should be read …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendents, S. Alan Ray
A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendents, S. Alan Ray
ExpressO
The Cherokee Nation today faces the challenge of determining its citizenship criteria in the context of race. The article focuses on the Cherokee Freedmen. As former slaves of Cherokee citizens, the Freedmen were adopted into the Cherokee Nation after the Civil War pursuant to a treaty with the United States, and given unqualified rights of citizenship. The incorporation of the Freedmen into the tribe was resisted from the start, and now, faced with a decision of the Cherokee Nation’s highest court affirming the descendents’ citizenship rights, the Nation prepares to vote on a constitutional amendment which would impose an Indian …
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
ExpressO
In 1972, Wisconsin v. Yoder presented the Supreme Court with a sharp clash between the state's interest in social reproduction through education -- that is, society's interest in using the educational system to perpetuate its collective way of life among the next generation -- and the parents' interest in religious reproduction -- that is, their interest in passing their religious beliefs on to their children. This Article will take up the challenge of that clash, a clash which continues to be central to current debates over issues like intelligent design in the classroom. This Article engages with the competing theories …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.