Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Establishment Clause (2)
- Supreme Court (2)
- Administrative law (1)
- Alternative dispute resolution (1)
- Church and state (1)
-
- Civil Rights (1)
- Constitutional law (1)
- Critical Race Theory (1)
- Discrimination (1)
- Doctrinal shifts (1)
- Enforcement of contracts (1)
- Federal Arbitration Act (1)
- First Amendment (1)
- Free Exercise Clause (1)
- Historical practices (1)
- Islam (1)
- Justiciability (1)
- LGBTQ+ (1)
- Muslim (1)
- Public sphere (1)
- Race (1)
- Racism (1)
- Religious Freedom (1)
- Religious Liberty (1)
- Religious arbitration tribunals (1)
- Religious coercion (1)
- Religious expression (1)
- Religious freedom statutes (1)
- Religious practice (1)
- Reproductive freedom (1)
Articles 1 - 6 of 6
Full-Text Articles in Religion Law
A "Mere Shadow" Of A Conflict: Obscuring The Establishment Clause In Kennedy V. Bremerton, Ann L. Schiavone
A "Mere Shadow" Of A Conflict: Obscuring The Establishment Clause In Kennedy V. Bremerton, Ann L. Schiavone
Law Faculty Publications
In Kennedy v. Bremerton School District, the Roberts Court continued its move to carve out larger spaces for religious practice and expression in public spheres. But in so doing it left lower courts and school districts with many more questions than answers concerning what the Establishment Clause means and what it requires of them.
Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn
Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn
Law Faculty Publications
On September 30, 2022, several members of the faculty of the Thomas R. Kline School of Law of Duquesne University presented a Continuing Legal Education program, New Supreme Court Cases: Duquesne Law Faculty Explains, reviewing these developments. Duquesne Law Review graciously invited the faculty panel to contribute their analysis of these cases from the Supreme Court's 2021- 2022 term for inclusion in this symposium issue of the Law Review.
The New Fourth Era Of American Religious Freedom, John Witte Jr., Eric Wang
The New Fourth Era Of American Religious Freedom, John Witte Jr., Eric Wang
Faculty Articles
The U.S. Supreme Court has entered decisively into a new fourth era of American religious freedom. In the first era, from 1776 to 1940, the Court largely left governance of religious freedom to the individual states and did little to enforce the First Amendment Religion Clauses. In the second era, from 1940 to 1990, the Court “incorporated” the First Amendment into the Fourteenth Amendment Due Process Clause and applied both a strong Free Exercise Clause and a strong Establishment Clause against federal, state, and local governments alike. In the third era, from the mid-1980s to 2010, the Court softened the …
Contract Law Should Be Faith Neutral: Reverse Entanglement Would Be Stranglement For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor
Contract Law Should Be Faith Neutral: Reverse Entanglement Would Be Stranglement For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor
Faculty Articles
The first section of this Article will outline the ways in which communities—religious and other groups, including the LGBTQ+ community—have used and continue to use private law to achieve meaningful dispute resolution. By diminishing the role of civil courts to review arbitrations, parties may tailor their resolutions to prioritize community values that may be misaligned with secular society. Outside of historical religious usage, private law offers a field ripe for jurisprudential growth. Through alternative dispute resolution, affinity-based minority groups can pave an avenue towards justice which accurately reflects the unique values of their lived experiences.
The second section will provide …
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 …
Mysterizing Religion, Marc O. Degirolami
Mysterizing Religion, Marc O. Degirolami
Scholarly Articles
In this short essay, I suggest that "mysterizing" religion may change the stakes in some of the most controversial contemporary conflicts in law and religion. To mysterize (not a neologism, but an archaism) is to cultivate mystery about a subject, in the sense described above-to develop and press the view that a certain subject or phenom-enon is not merely unknown, but unknowable by human beings. At the very least, such mysteries are unknowable by those human beings who have charge of the secular legal order of earthly human affairs, Paul's "princes of this world." That is what I propose to …