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Articles 1 - 30 of 48
Full-Text Articles in Religion Law
Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg
Helm's School of Government Conference - American Revival: Citizenship & Virtue
History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?
The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.
This work analyzes the interaction between the Chinese government …
Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso
Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso
Utah Law Review
The Supreme Court shocked the world at the end of its 2021–22 term by issuing landmark decisions ending constitutional protection for abortion rights, expanding gun rights, and weakening what remained of the wall between church and state. One thread uniting these cases that captured the public’s attention is the rhetoric common of originalism—a backwards-looking theory of constitutional interpretation focused on founding-era meaning and intent. This Article identifies the discriminatory intent doctrine as another powerful tool the Court is using to protect the social norms and hierarchies of a bygone era, and to build a conservative Constitution.
Discriminatory intent rose to …
Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit
Articles
In The Racial Muslim: When Racism Quashes Religious Freedom, Sahar Aziz unveils a mechanism that perpetuates the persecution of religion. While the book’s title suggests a problem that engulfs Muslims, it is not a new problem, but instead a recurring theme in American history. Aziz constructs a model that demonstrates how racialization of a religious group imposes racial characteristics on that group, imbuing it with racial stereotypes that effectively treat the group as a racial rather than religious group deserving of religious liberty.
In identifying a racialization process that effectively veils religious discrimination, Aziz’s book points to several important …
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
Brigham Young University Prelaw Review
Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.
Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law
Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law
Florida A & M University Law Review
The figure of the Arab Jew has historically occupied a space at the margins of Jewish life, rendered peripheral or even invisible by a lens trained on the experiences of Jews of European descent. Drawing in part from the academic lineage of Kimberl´e Kimberle Crenshaw’s theory of intersectionality, American Jews of Arab and Middle Eastern descent (“Mizrahi Jews”) are increasingly joining their Israeli counterparts and Jews of color in the United States in challenging the naturalization of Jewish whiteness in the popular imagination. In a striking parallel between this groundswell of community theorizing and legal strategy, the Supreme Court in …
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 …
Veiling And Inverted Masking, Saleema Saleema Snow
Veiling And Inverted Masking, Saleema Saleema Snow
Journal Articles
“Good morning, Your Honor, AA, here on behalf of the United States government.”1 AA recounted her proudest moment: appearing in federal district court as an attorney for the Department of Justice (DOJ) in a religious accommodation case under Title VII of the Civil Rights Act of 1964.2 There she stood, an Ivy League graduate and the granddaughter of sharecroppers. She appeared before the court as an African-American Muslim woman in hijab representing the government to uphold the constitutional rights of another Muslim woman.3 The complainant, Safoorah Khan, was employed as a teacher in a small Illinois school district and had …
Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard
Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard
Barry Law Review
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
Nathan B. Oman
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 …
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos
Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos
University of Michigan Journal of Law Reform
The following is a transcription of an interview with Professor Khaled Beydoun, conducted at the University of Michigan Law School on March 15, 2019. The transcript has been lightly edited for clarity.
Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith
Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith
Cleveland State Law Review
This essay is a critical analysis of the book authored by John Corvino, Sherif Girgis, and Ryan T. Anderson, Debating Religious Liberty and Discrimination. The book offers two contrary views on how best to think about some of the conflicts that have arisen over religious liberty and anti-discrimination laws, e.g., Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719 (2018). One position is defended by Corvino, and the other by Girgis and Anderson. After a brief discussion of the differing views of religious liberty throughout American history (including the American founding), this essay summarizes each …
"No Person . . . Shall Ever Be Molested On Account Of His Mode Of Worship Or Religious Sentiments . . . .": The Northwest Ordinance Of 1787 And Strader V. Graham, Allan W. Vestal
Marquette Law Review
The Article looks at the first article of compact of the Northwest Ordinance,
the religious liberty guarantee: “No person . . . shall ever be molested on
account of his mode of worship or religious sentiments . . . .” Congress
provided that the Northwest Ordinance articles of compact would “forever
remain unalterable.” But in a fugitive slave case from 1851, Strader v. Graham,
Chief Justice Roger Taney declared the articles of compact to be no longer in
force.
In evaluating Chief Justice Taney’s reasoning, the question posed at the
dawn of the 20th Century by historian Professor Andrew McLaughlin …
Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar
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 …
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson
Cleveland State Law Review
This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section III …
Never On Sunday: Workplace Religious Freedom In The New Millennium, Marianne C. Delpo
Never On Sunday: Workplace Religious Freedom In The New Millennium, Marianne C. Delpo
Maine Law Review
Imagine being fired for refusing to sing Happy Birthday. Now imagine collecting $53,000 for that firing--from a waitressing job. Science fiction? Not exactly. Try religious discrimination in the workplace--1990s style. Title VII of the Civil Rights Act of 1964 has long proscribed such treatment, but lawsuits claiming this type of workplace discrimination were relatively rare for many years. Now claims are on the rise, up 18% over the past five years, and the substance of religious discrimination claims is changing to include some unprecedented fact patterns. This new activity in employment discrimination law, as well as the growing likelihood that …
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Law School Blogs
No abstract provided.
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Life of the Law School (1993- )
No abstract provided.
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
Northwestern University Law Review
The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …
Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin
Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Reply To Brief In Opposition, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Reply To Brief In Opposition, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Petition For Writ Of Certiorari, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Petition For Writ Of Certiorari, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan
Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan
Loyola of Los Angeles Law Review
Should bakers be required to make cakes for same-sex weddings? This Article unravels the eclectic arguments that are offered in support of a religious exemption from serving gay customers in the wake of Obergefell.
Preliminary issues first consider invocations of a libertarian right to exclude. Rather than being part of our concept of liberty, this right to exclude from commercial premises is a new rule devised to prevent African Americans from participating in free society. Instead of expanding this racist rule to likewise bar gays from the marketplace, it should be reset to the antebellum standard of free access …
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
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 …
Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz
Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz
Michigan Journal of Race and Law
Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee’s gender, race, or religion? And what if the basis for the employer’s workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …
When Art Becomes Free: On Artistic In-Expression & Personal Convictions, Amir H. Khoury
When Art Becomes Free: On Artistic In-Expression & Personal Convictions, Amir H. Khoury
Amir Khoury
In this paper I argue that just as there are moral rights in copyright law, which secure attribution and integrity, so too, there should be 'inverse' moral rights that can protect artists from being impelled or compelled to create in the first place. This research comes against the backdrop of one of the most contentious issues in the Western world today, that pertaining to same-sex marriage. But the discussion applies to all other fields where creativity finds itself in a battle over personal convictions. In my view, the inverse moral rights construct is the true reflection of the extent of …
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.