Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- Arts and Humanities (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Feminist, Gender, and Sexuality Studies (1)
-
- First Amendment (1)
- Gender and Sexuality (1)
- Human Rights Law (1)
- International and Area Studies (1)
- Islamic Studies (1)
- Law and Gender (1)
- Law and Society (1)
- Leadership Studies (1)
- Near Eastern Languages and Societies (1)
- Near and Middle Eastern Studies (1)
- Other Law (1)
- Politics and Social Change (1)
- Public Law and Legal Theory (1)
- Religion (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Supreme Court of the United States (1)
- Women's Studies (1)
- Institution
- Keyword
-
- Civil society (1)
- Compelling interest (1)
- Constitutional law (1)
- Dignity Revolution (1)
- Empirical legal studies (1)
-
- Enabling legislation (1)
- Free exercise clause (1)
- Gender inequality (1)
- Islamic law (1)
- Jasmine Spring (1)
- Participatory drafting (1)
- Political (1)
- Religious liberty (1)
- SCOTUS (1)
- Social and economic rights (1)
- Social movements (1)
- Supreme Court of the United States (1)
- Transitional justice (1)
- Tunisian constitution (1)
- Undue burden (1)
Articles 1 - 3 of 3
Full-Text Articles in Religion Law
Religious Privilege To Discriminate As Religious Freedom: From Charitable Choice To Faith Based Initiatives To Rfra And Fada, Marcia L. Mccormick
Religious Privilege To Discriminate As Religious Freedom: From Charitable Choice To Faith Based Initiatives To Rfra And Fada, Marcia L. Mccormick
All Faculty Scholarship
The movement for Lesbian, Gay, Bisexual, Transgender, Queer, Inter-sex, and Asexual (LGBTQIA) rights has had three main themes since the civil rights era: freedom from criminalization of relationships and harassment by police; protection from discrimination in employment, housing, public ac-commodations, and government services; and civil protections for familial re-lationships, like the right to marry.[1] Freedom from criminalization of inti-mate relationships was won in 2003, when the Supreme Court held that the federal constitution protected same-sex intimate conduct and that states could not make that conduct criminal,[2] and that decision accelerated the fight for civil protections for familial relationships. In May …
Women And The Making Of The Tunisian Constitution, Rangita De Silva De Alwis, Anware Mnasri, Estee Ward
Women And The Making Of The Tunisian Constitution, Rangita De Silva De Alwis, Anware Mnasri, Estee Ward
All Faculty Scholarship
This article attempts to glean from field interviews and secondary sources some of the sociopolitical complexities that underlay women’s engagement in Tunisia’s 2011-14 constitution-making process. Elucidating such complexities can provide further insight into how women’s engagement impacted the substance and enforceability of the constitution’s final text. We argue that, in spite of longstanding roadblocks to implement and enforce constitutional guarantees, the greater involvement of Tunisian women in the constitution drafting process did make a difference in the final gender provisions of Tunisia’s constitution. Although not all recommendations were adopted, Tunisian women were able to use an autochthonous process to edify …
Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi H. Liu
Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi H. Liu
All Faculty Scholarship
Strict scrutiny and the free exercise of religion have had an uneasy relationship in American jurisprudence. In this Article, we trace the history of strict scrutiny in free exercise cases and outline how it applies today. Then, using a unique dataset of cases from a 25-year period, we detail the characteristics of these cases. Finally, we discuss the implications for future cases. Our research indicates that even though claimants currently win a large percentage of cases, those victories might not be durable.