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Articles 1 - 7 of 7

Full-Text Articles in Religion Law

The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne Nov 1996

The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne

Faculty Publications

No abstract provided.


Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon Oct 1996

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 …


Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine Jan 1996

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 …


‘By What Right?’: The Sources And Limits Of Federal Court And Congressional Jurisdiction Over Matters ‘Touching’ Religion, Robert A. Destro Jan 1996

‘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] …


Developments In Liability Theories And Defenses, Robert A. Destro Jan 1996

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 Jan 1996

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 Jan 1996

Yoder And The Question Of Equality, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.