Religion Law Commons^™

Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar

Michigan Law Review

U.S. law differentiates between two categories of terrorism. “International terrorism” covers threats with a putative international nexus, even when they stem from U.S. citizens or residents acting only within the United States. “Domestic terrorism” applies to political violence thought to be purely domestic in its origin and intended impact. The law permits broader surveillance, wider criminal charges, and more punitive treatment for crimes labeled international terrorism. Law enforcement agencies frequently consider U.S. Muslims “international” threats even when they have scant foreign ties. As a result, they police and punish them more intensely than white nationalists and other “domestic” threats. This …

Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret

Michigan Law Review

In 1988, Jeffrey Kendall and Barbara Zeitler Kendall were married. Though Jeffrey was Catholic at the time and Barbara was Jewish, the couple agreed to raise their children in Barbara's faith. In 1991, Jeffrey joined Boston Church of Christ, a fundamentalist Christian church. The tenets of that faith include a belief that those who do not accept Jesus Christ are damned to Hell, where there will be "weeping and gnashing of teeth." Barbara's faith also underwent a change during the marriage: she became an Orthodox Jew. Citing irreconcilable differences, the Kendalls sought a divorce in November, 1994. Before their marriage …

Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton

Michigan Law Review

This Note argues that under Batson, J.E.B., the First Amendment, and the Equal Protection Clause, religion-based peremptory challenges are unconstitutional. This Note asserts that the analysis of governmental religious discrimination, such as a peremptory challenge, is the same under either the First Amendment or the Equal Protection Clause because both apply strict scrutiny to purposeful government discrimination.

Part I examines Batson and J.E.B. in greater detail and states a model for analyzing discriminatory peremptory challenges in which such challenges are treated as intentional governmental discrimination subject to heightened scrutiny. Part II argues that under the First Amendment, intentional governmental …

Chutzpah, David A. Nacht

Michigan Law Review

A Review of Chutzpah by Alan M. Dershowitz

Legal History And The Law Of Blasphemy, Morris S. Arnold

Michigan Law Review

A Review of Treason Against God: A History of the Offense of Blasphemy by Leonard W. Levy

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan

Michigan Law Review

One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.

In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …

Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers

Michigan Law Review

This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.

Constitutional Law-Civil Rights-Solitary Confinement Of Prisoner's Based On Religious Belief, Harvey Friedman

Michigan Law Review

Plaintiff prisoner brought an action in a federal district court under the Civil Rights Act to enjoin the defendant, a New York state prison warden, from further subjecting him to solitary confinement because of his religious beliefs. The district court refused to take jurisdiction on the ground that solitary confinement involved state prison discipline which was reviewable only in state courts. On appeal, held, reversed, one judge dissenting. A complaint by a prisoner against a state prison official which charges violation of a "preferred freedom" by religious persecution states a claim under the Civil Rights Act which the district …

Constitutional Law-Freedom Of Assembly-Equal Protection Of The Law, S. I. Shuman

Michigan Law Review

The ordinance here involved prohibited any person from addressing a political or religious meeting in any public park. At a meeting involving no disturbances or breaches of the peace, plaintiff, a Jehovah's Witness, was arrested when he addressed a meeting in a public park. The state supreme court upheld a conviction under the ordinance. Held, reversed. The principal case is on all fours with Niemotko v. Maryland. The state conceded at oral argument that the meeting was a religious one and that the ordinance as construed and applied did not prohibit church services in the park. Therefore, since …

Criminal Law-Prosecution Of Mormon "Fundamentalists'' Under The Mann Act-Doctrine Of Caminetti V. United States, John A. Huston S.Ed.

Michigan Law Review

Petitioners, Mormon "Fundamentalists," transported one or more plural wives in interstate commerce. They were convicted in the district court on the authority of Caminetti v. United States for violation of the Mann Act which prohibits the transportation of women or girls in commerce "for the purpose of prostitution or debauchery, or for any other immoral purpose." The circuit court affirmed and the United States Supreme Court granted certiorari. Held, affirmed. The phrase "or for any other immoral purpose" was properly interpreted in Caminetti v. United States to extend the prohibition of the act to cases where the ·transportation was …