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Articles 1 - 11 of 11
Full-Text Articles in Religion Law
Religious Liberty For All? A Religious Right To Abortion, Caroline Mala Corbin
Religious Liberty For All? A Religious Right To Abortion, Caroline Mala Corbin
Articles
One of the most notable trends in recent Supreme Court jurisprudence is the expansion of religious liberty rights. The right to practice one's faith is a core feature of a democracy, but the Supreme Court has privileged that right over other equally critical ones, most notably the right to equal treatment. Thus, for example, the Court has held that for-profit companies have a religious right to exclude contraception from their health insurance plans and that nonprofit charities have a religious right to refuse to place foster children with same-sex couples. In these and similar cases, the religious beliefs aligned with …
Beyond The Public Square: Imagining Digital Democracy, Mary Anne Franks
Beyond The Public Square: Imagining Digital Democracy, Mary Anne Franks
Articles
To create online spaces that do not merely replicate existing hierarchies and reinforce unequal distributions of social, economic, cultural, and political power, we must move beyond the simplistic clich6 of the unregulated public square and commit to the hard work of designing for democracy.
When we say 'public square,' ... we need to ask- who or what is this public? Who owns this space, what makes it public? . . . This is the essence of democracy: the ability to question power, and the power to do so. - Tom Wilkinson
Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock
Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock
Articles
This Article reviews the U.S. Department of Justice's toolbox for handling potentially privileged materials, with close attention to the evolution from filter teams to the Special Matters Unit in fraud prosecutions. Significant case opinions from the U.S. Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits reveal the judiciary's diverse views on filter teams. The recent case of United States v. Esformes in the U.S. District Court for the Southern District of Florida, now on appeal to the Eleventh Circuit, illustrates how a filter team can fall short and draw unflattering attention to the Department of Justice. In the …
The Unconstitutionality Of Government Propaganda, Caroline Mala Corbin
The Unconstitutionality Of Government Propaganda, Caroline Mala Corbin
Articles
Government propaganda-the government's deliberate dissemination of false claims on matters of public interest-has increasingly become a source of concern in the United States. Not only does the current presidential administration disseminate propaganda at a rate unprecedented in the modern era, so that Americans now live in an age of government-created "alternative facts," but the internet and social media have made it possible to find receptive audiences with alarming speed and accuracy. This surge of government propaganda poses troubling questions for the health of our democracy, which requires political accountability and the valid consent of the governed to thrive.
Although the …
Breaking The Perceptions Of Islamic Monolithism, Dr. Fatemah Albader
Breaking The Perceptions Of Islamic Monolithism, Dr. Fatemah Albader
University of Miami International and Comparative Law Review
No abstract provided.
Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly
Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly
University of Miami International and Comparative Law Review
No abstract provided.
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Articles
No abstract provided.
Who Needs Freedom Of Religion?, James W. Nickel
Who Needs Freedom Of Religion?, James W. Nickel
Articles
This article proposes that we view freedom of religion as a specific application area of more general basic liberties such as freedoms of thought, expression, association, assembly, movement, privacy, political participation, and economic activity. Separate enumeration of freedom of religion in national and international bills of rights may be useful, but it is not indispensable. In this respect freedom of religion is more like scientific freedom or artistic freedom than like freedom of expression. Recognizing that separate enumeration of freedom of religion is dispensable has salutary consequences for how we conceive and justify freedom as it applies to religion. First, …
A Measure Of Freedom, James W. Nickel
Why Basic Liberties Are Bilateral, James W. Nickel
Rawls On Political Community And Principles Of Justice, James W. Nickel
Rawls On Political Community And Principles Of Justice, James W. Nickel
Articles
No abstract provided.