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Articles 1 - 30 of 30
Full-Text Articles in Religion Law
Religious Exemptions As Rational Social Policy, Justin W. Aimonetti, M. Christian Talley
Religious Exemptions As Rational Social Policy, Justin W. Aimonetti, M. Christian Talley
University of Richmond Law Review
In its 1963 decision Sherbert v. Verner, the Supreme Court interpreted the Free Exercise Clause to permit religious exemptions from general laws that incidentally burdened religious practice. Sherbert, in theory, provided stringent protections for religious freedom. But those protections came at a price. Religious adherents could secure exemptions even if they had no evidence the laws they challenged unfairly targeted their religious conduct. And they could thereby undermine the policy objectives those laws sought to achieve. Because of such policy concerns, the Court progressively restricted the availability of religious exemptions. In its 1990 decision Employment Division v. Smith …
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan
University of Richmond Law Review
No abstract provided.
The Right To Enforce: Why Rluipa's Land Use Provision Is A Constitutional Federal Enforcement Power, Qasim Rashid
The Right To Enforce: Why Rluipa's Land Use Provision Is A Constitutional Federal Enforcement Power, Qasim Rashid
Richmond Journal of Law and the Public Interest
The Religious Land Use and Institutionalized Persons Act ("RLUIPA') superseded the Religious Freedom Restoration Act ("RFRA'), which the Supreme Court held unconstitutional in its application to states in 1997. A two-pronged law, RLUIPA protects prisoners from unjust impositions to their freedom of worship and also ensures religious institutions may use their property for legitimate worship purposes without burdensome zoning law restrictions. This paper focuses specifically on the latter prong and analyzes RLUIPA in light of the growing Islamophobia in America during the previous twenty-four months. For example, the United States Department of Justice reports "of the eighteen RLUIPA matters involving …
Christian Parking, Hindu Parking: Applying Established Civil Rights Principles To Rluipa's Nondiscrimination Provision, Roman P. Storzer, Blair Lazarus Storzer
Christian Parking, Hindu Parking: Applying Established Civil Rights Principles To Rluipa's Nondiscrimination Provision, Roman P. Storzer, Blair Lazarus Storzer
Richmond Journal of Law and the Public Interest
This article is divided into three parts. First, it explores certain issues inherent in a Nondiscrimination claim, including how the Nondiscrimination provision has been mistakenly conflated with other RLUIPA land use provisions, whether a showing of direct hostility toward a particular faith by governmental actors is required, and what might qualify as adequate comparators in a case where a claimant asserts that it was treated differently and worse than similarly situated applicants. Second, the article proposes application of the reasoning in McDonnell Douglas Corp. v. Green to some Nondiscrimination claims. This would be achieved by burden shifting; after the plaintiff …
A Cost-Benefit Analysis Of Religious Persecution: Casting Up A Dread Balance Sheet, R. George Wright
A Cost-Benefit Analysis Of Religious Persecution: Casting Up A Dread Balance Sheet, R. George Wright
University of Richmond Law Review
No abstract provided.
The Right To Enforce: Why Rluipa's Land Use Provision Is A Constitutional Federal Enforcement Power, Qasim Rashid
The Right To Enforce: Why Rluipa's Land Use Provision Is A Constitutional Federal Enforcement Power, Qasim Rashid
Richmond Public Interest Law Review
The Religious Land Use and Institutionalized Persons Act ("RLUIPA') superseded the Religious Freedom Restoration Act ("RFRA'), which the Supreme Court held unconstitutional in its application to states in 1997. A two-pronged law, RLUIPA protects prisoners from unjust impositions to their freedom of worship and also ensures religious institutions may use their property for legitimate worship purposes without burdensome zoning law restrictions. This paper focuses specifically on the latter prong and analyzes RLUIPA in light of the growing Islamophobia in America during the previous twenty-four months. For example, the United States Department of Justice reports "of the eighteen RLUIPA matters involving …
Christian Parking, Hindu Parking: Applying Established Civil Rights Principles To Rluipa's Nondiscrimination Provision, Roman P. Storzer, Blair Lazarus Storzer
Christian Parking, Hindu Parking: Applying Established Civil Rights Principles To Rluipa's Nondiscrimination Provision, Roman P. Storzer, Blair Lazarus Storzer
Richmond Public Interest Law Review
This article is divided into three parts. First, it explores certain issues inherent in a Nondiscrimination claim, including how the Nondiscrimination provision has been mistakenly conflated with other RLUIPA land use provisions, whether a showing of direct hostility toward a particular faith by governmental actors is required, and what might qualify as adequate comparators in a case where a claimant asserts that it was treated differently and worse than similarly situated applicants. Second, the article proposes application of the reasoning in McDonnell Douglas Corp. v. Green to some Nondiscrimination claims. This would be achieved by burden shifting; after the plaintiff …
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman, Ahmed Eldakak
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman, Ahmed Eldakak
Richmond Journal of Global Law & Business
The first parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats in parliament, suggesting that they may intend to amend many laws to bring parliament into compliance with Islamic Shari’a. This article addresses legal challenges that will face the new majority if they decide to Islamize laws and regulations related to business and finance. Particularly, the article discusses Islamic money theory, trade, banking systems, consumer protection, insurance, competition, and tax systems. The article analyzes Egyptian business and finance laws to examine whether they comply with Islamic law. It …
The Unavoidable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes
The Unavoidable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes
Richmond Journal of Law and the Public Interest
Section 5 7-9(A) of the Code of Virginia is a statute that purports to resolve church property disputes. There is, however, a significant amount of controversy as to whether the statute encroaches on the free exercise rights of hierarchical churches located in Virginia and enmeshes Virginia courts in the ecclesiastical thicket. Given the debate surrounding Section 57-9(A) and the controversial shift of several mainstream denominations in matters of substantive church doctrine, Virginia is a fertile breeding ground for church property disputes. Accordingly, the Commonwealth is in the midst of an ecclesiastical crisis. The impact of the crisis is evidenced by …
Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid
Richmond Journal of Global Law & Business
The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …
The Unavoidable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes
The Unavoidable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes
Richmond Public Interest Law Review
Section 5 7-9(A) of the Code of Virginia is a statute that purports to resolve church property disputes. There is, however, a significant amount of controversy as to whether the statute encroaches on the free exercise rights of hierarchical churches located in Virginia and enmeshes Virginia courts in the ecclesiastical thicket. Given the debate surrounding Section 57-9(A) and the controversial shift of several mainstream denominations in matters of substantive church doctrine, Virginia is a fertile breeding ground for church property disputes. Accordingly, the Commonwealth is in the midst of an ecclesiastical crisis. The impact of the crisis is evidenced by …
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
University of Richmond Law Review
This essay reviews the issues the Supreme Court of Virginia resolved in Truro and notes important issues it did not resolve. Part II supplies the factual background and procedural history ofthe dispute. Part III summarizes the court's opinion and the reasoning underlying its determination that Virginia Code section57-9(A) is not applicable to this particular action. Part IV critiques the opinion, noting the issues the court resolved and how it resolved them. Part V briefly addresses issues that remain unresolved by the court's decision and discusses the implications of leaving those issues unresolved. Part VI presents the authors' conclusions.
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Richmond Journal of Law and the Public Interest
In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.
Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish
Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish
Richmond Journal of Global Law & Business
No abstract provided.
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Richmond Public Interest Law Review
In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.
Protecting Neglect: The Constitutionality Of Spiritual Healing Exemptions To Child Protection Statutes, Scott St. Amand
Protecting Neglect: The Constitutionality Of Spiritual Healing Exemptions To Child Protection Statutes, Scott St. Amand
Richmond Journal of Law and the Public Interest
This comment examines the historically uncertain balance between an individual's right to freely exercise his religious beliefs and the state's countervailing interest to protect the welfare of its youngest and most vulnerable citizens. By detailing the history of this fragile relationship through its statutory and judicial renderings, this comment will illustrate that spiritual exemptions to child protection statutes violate the Establishment Clause of the First Amendment, as well as the Equal Protection Clause of the Fourteenth Amendment, and conflict directly with multiple landmark Supreme Court decisions.
The Crescent And The Corporation: Analysis And Resolution Of Conflicting Positions Between The Western Corporation And The Islamic Legal System, Craig C. Briess
The Crescent And The Corporation: Analysis And Resolution Of Conflicting Positions Between The Western Corporation And The Islamic Legal System, Craig C. Briess
Richmond Journal of Global Law & Business
No abstract provided.
The Pulpit Initiative: Fighting To Return America's First Freedom To Her Churches, David Abbondanza
The Pulpit Initiative: Fighting To Return America's First Freedom To Her Churches, David Abbondanza
Richmond Journal of Law and the Public Interest
This Comment looks at the foundational principles of the Pulpit Initiative and examines first, whence the need for a change came, and second, whether it is likely to come about. Part 11 examines the historical developments that resulted in the 1954 amendment banning pastors from speaking on candidates from the pulpit. Part III focuses on the ADF and its rationale for bringing about change along with the constitutional reasoning behind its arguments. Part IV provides some concluding remarks surrounding this initiative's likely future and whether the ADF and its associated pastors stand a chance of succeeding against the United States …
The Pulpit Initiative: Fighting To Return America's First Freedom To Her Churches, David Abbondanza
The Pulpit Initiative: Fighting To Return America's First Freedom To Her Churches, David Abbondanza
Richmond Public Interest Law Review
This Comment looks at the foundational principles of the Pulpit Initiative and examines first, whence the need for a change came, and second, whether it is likely to come about. Part 11 examines the historical developments that resulted in the 1954 amendment banning pastors from speaking on candidates from the pulpit. Part III focuses on the ADF and its rationale for bringing about change along with the constitutional reasoning behind its arguments. Part IV provides some concluding remarks surrounding this initiative's likely future and whether the ADF and its associated pastors stand a chance of succeeding against the United States …
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Richmond Journal of Law & Technology
"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …
"The Harvest Is Plentiful, But The Laborers Are Few": Hiring Practices And Religiously Affiliated Universities, Robert John Araujo
"The Harvest Is Plentiful, But The Laborers Are Few": Hiring Practices And Religiously Affiliated Universities, Robert John Araujo
University of Richmond Law Review
This is a paper with a modest goal about an immodest topic: how mankind does God's work in this world. In particular, I address a small part of this rather large question: how do religiously affiliated schools make their modest contribution to this work? More particularly, who gets chosen to be a laborer in bringing in the plentiful harvest. The laborer is the teacher or administrator, the vineyard is the religiously affiliated university or college of the late twentieth century United States. Consequently, I address employment practices: who gets hired as a laborer and by what criteria is this special …
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
University of Richmond Law Review
The Virginia Workers' Compensation Act denies wage loss benefits to partially disabled employees who unjustifiably reject employment procured by their employer which is within their remaining work capacity. Section 65.2-510 of the Virginia Code provides that "[i]f an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in section 65.2-603 during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified." Essentially, unjustified refusal of selective employment within the employee's work capacity results in a suspension in wage loss benefits until the …
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
University of Richmond Law Review
Most rights considered by Americans to be "fundamental" are granted a special level of protection by the decisions of the United States Supreme Court. The standard is often described as "strict scrutiny" or "compelling interest." Under this standard of protection, a state must have more than just a good reason for writing legislation that encroaches upon its citizens' fundamental rights. Rather, the state must be able to prove a "compelling" interest in achieving some desired result, a result which necessitates the curtailment of fundamental rights. In 1990, however, the United States Supreme Court substantially restricted a right from this list: …
Abraham, Isaac, And The State: Faith-Healing And Legal Intervention, Henry J. Abraham
Abraham, Isaac, And The State: Faith-Healing And Legal Intervention, Henry J. Abraham
University of Richmond Law Review
As a Cambridge magistrate in the England of 1960, Lady Rothschild doubtless considered herself an unlikely candidate for participation in a biblical drama reenactment. Nonetheless, on October 21, 1960, she willingly played the role of the last- minute angel of mercy in a virtual reenactment of the story of Abraham and Isaac -a story which, with unfortunate variations in the outcome for the child, seems destined to be repeated frequently in the future.
Is The Idea Of Human Rights Ineliminably Religious?, Michael J. Perry
Is The Idea Of Human Rights Ineliminably Religious?, Michael J. Perry
University of Richmond Law Review
The name of the state where I was born and raised-Kentucky-derives from a Native American word meaning "the dark and bloody ground." Were there an Indian word for "the dark and bloody time," it would aptly name this century, a century as unrelentingly dark and bloody as any in human history. In the midst of all the terrible inhumanity of the twentieth century, however, there is a hopeful story: the emergence in international law of the idea of human rights.
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
University of Richmond Law Review
Victor Walter Garcia Ortiz left El Salvador and came to the United States. In September 1980, he was deported from Los Angeles and returned to El Salvador. In November 1981, he was killed by the Salvadoran National Police. Santana Chirino Amayo was deported back to El Salvador in June 1981. In September 1981, his body was found, tortured and decapitated. Jose Umberto Santacruz Elias was returned to El Salvador in January 1981. He has not been heard from since. Octavio Osequeda, who was returned to El Salvador on July 12, 1982, was killed on July 13, 1982 by special police.
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
University of Richmond Law Review
The United States Supreme Court's treatment of the first amendment's religion clauses over the last fifty years has generated considerable controversy. While few religion clause cases reached the Supreme Court prior to 1940, the number steadily multiplied once the first amendment was incorporated into the fourteenth amendment. The Court's doctrinal development was incremental and uncertain, but by 1971 the Court had developed a test for each of the religion clauses to evaluate the constitutionality of challenged state action. Although these tests have not been followed with perfect fidelity, they have been the starting point for virtually all of the religion …
Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes
Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes
University of Richmond Law Review
Cases arising under the United States Constitution's religion clauses fall into four general categories. In the first category are establishment clause controversies involving the provision of government services or aid. For example, when the government seeks to provide educational assistance to all private schools, financial aid to parochial schools is usually challenged on establishment clause grounds.
Virginia Tax Laws Affecting Churches, J. Rodney Johnson
Virginia Tax Laws Affecting Churches, J. Rodney Johnson
University of Richmond Law Review
This is the second of two articles dealing with external church law in Virginia. The first article was a restatement of all Virginia laws relating to churches except for the tax laws. The subject of taxes was reserved for special treatment at that time because of the volume of tax-related materials. For the most part these materials consist of the various constitutional and statutory taxation provisions relating to religious charities and the opinions of the Virginia Attorney General interpreting and applying these provisions. Attorney General opinions take on a special importance in this study because there is only a handful …
Virginia Laws Affecting Churches - Restated, J. Rodney Johnson
Virginia Laws Affecting Churches - Restated, J. Rodney Johnson
University of Richmond Law Review
Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …