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Articles 1 - 30 of 32
Full-Text Articles in Religion Law
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
BYU Law Review
No abstract provided.
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
BYU Law Review
No abstract provided.
Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet
Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet
Human Rights & Human Welfare
Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …
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.
Have American Indians Been Written Out Of The Religious Freedom Restoration Act, Jessica M. Wiles
Have American Indians Been Written Out Of The Religious Freedom Restoration Act, Jessica M. Wiles
Montana Law Review
Written out of RFRA
Defamation Of Religions: A Vague And Overbroad Theory That Threatens Basic Human Rights, Allison G. Belnap
Defamation Of Religions: A Vague And Overbroad Theory That Threatens Basic Human Rights, Allison G. Belnap
BYU Law Review
No abstract provided.
Islam, The State And The Constitutional Court In Indonesia, Simon Butt
Islam, The State And The Constitutional Court In Indonesia, Simon Butt
Washington International Law Journal
Indonesia is home to more Muslims than any other country. Yet it is not an Islamic state and is unlikely to become one, despite the strong and sustained urgings of some Muslim groups. Indonesian Islam is, like Indonesian society itself, dynamic and diverse, accommodating a wide variety of practices and beliefs. One area of contention between conservative Muslims on the one hand, and the state (supported by many more moderate Muslims) on the other, is the extent to which Islamic law should be recognised, applied and enforced by institutions of state. The Indonesian government's response has generally been to limit …
When Government Expression Collides With The Establishment Clause, Martha Mccarthy
When Government Expression Collides With The Establishment Clause, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher
A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Secularity And Freedom Of Religion In Senegal: Between A Constitutional Rock And A Hard Reality, Fatou Kiné Camara, Abdourahmane Seck
Secularity And Freedom Of Religion In Senegal: Between A Constitutional Rock And A Hard Reality, Fatou Kiné Camara, Abdourahmane Seck
BYU Law Review
No abstract provided.
Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay
Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay
BYU Law Review
No abstract provided.
Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett
BYU Law Review
No abstract provided.
In Search Of New Believers: How The Guatemalan Religious Panorama Has Changed In Recent Decades, Hugo Leonel Ruano
In Search Of New Believers: How The Guatemalan Religious Panorama Has Changed In Recent Decades, Hugo Leonel Ruano
BYU Law Review
No abstract provided.
Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton
Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton
BYU Law Review
No abstract provided.
Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour
Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour
BYU Law Review
No abstract provided.
Feels Like Déjà Vu: An Australian Bill Of Rights And Religious Freedom, Paul Babie, Neville Rochow
Feels Like Déjà Vu: An Australian Bill Of Rights And Religious Freedom, Paul Babie, Neville Rochow
BYU Law Review
No abstract provided.
Religion And Law In Nepal , Kanak Bikram Thapa
Minarets Vote Compromises Human Rights For Everyone, Anna Talbot
Minarets Vote Compromises Human Rights For Everyone, Anna Talbot
Human Rights & Human Welfare
Minarets, like church steeples, are a physical manifestation of religion. There is little doubt, then, that their recent banning in Switzerland following a referendum constitutes a breach of the right to freedom of religion, with respect to the right to manifest ones religion. This right is protected under a number of instruments, including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (ICCPR) (Article 18), and the European Convention on Human Rights (Article 9). Under these instruments, the right to manifest ones religion can only be limited if such a limitation is necessary …
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
Michigan Telecommunications & Technology Law Review
The goal of this Article is to do what others have not: determine whether religious organizations should use copyright law to advance their goals of censorship and doctrinal purity. Answering this question entails a two-step analysis. First, the religious motivations must be compared with the underlying theories of, or justifications for, copyright law. Whether those principles align or conflict with religious motivations will inform our normative answer. Regardless of the answer to the aforementioned inquiry, the second step analyzes whether substantive copyright law doctrine facilitates or impedes the achievement of the ends advanced by these religious motivations. As a result …
Persecution Of Coptic Christians In Modern Egypt, Alla Rubinstein
Persecution Of Coptic Christians In Modern Egypt, Alla Rubinstein
Human Rights & Human Welfare
The Christian community of Egypt dates back to the seventeenth century and comprises 12 per cent of the population today. As one of the oldest churches of the world, the Coptic Christian Church, first formed in Alexandria, has stood resilient and faithful to its traditions against intolerance, siege and persecutions. Having been present in most institutions of the state among the overwhelmingly Sunni-Muslim population, Copts are not new to the slow process of Islamization that Egypt has been undergoing for the last twenty years. What has been unique to the recent Coptic experience is the forced integration of Shari’a law …
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.
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.
Of Minarets, Headscarves, And Cartoons, Kurt Mills
Of Minarets, Headscarves, And Cartoons, Kurt Mills
Human Rights & Human Welfare
It is difficult not to agree with Tariq Ramadan. The fear of and discrimination against Muslims in Western societies since 9/11 is clear and worrying. The anti-Muslim populism he cites is real, although it may also be part of a broader anti-immigrant populism. The posters he describes are extremely disturbing, and reminiscent of World War II propaganda. They are an artifact of fear of the misunderstood “other.”
Comments: The Religious Land Use And Institutionalized Persons Act And Mega-Churches: Demonstrating The Limits Of Religious Land Use Exemptions In Federal Legislation, Heather M. Welch
University of Baltimore Law Review
No abstract provided.
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010), Susan C. Hascall
UIC Law Review
No abstract provided.
January Roundtable: Introduction
January Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“My compatriots' vote to ban minarets is fuelled by fear” by Tariq Ramadan. The Guardian. November 29, 2009.
Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill
Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill
Human Rights & Human Welfare
Tariq Ramadan views the recent referendum in Switzerland inserting a ban against the building of minarets into the Swiss Constitution, as a vote against Muslims not only in Switzerland, but across Europe. Those of a more tolerant sensibility will of course agree with Ramadan on this issue and will easily criticize the Swiss for “getting it wrong” by voting in favor of this constitutional amendment. There is no question that a constitutional vote on what is essentially an issue of local planning permission is, as Ramadan describes it, a silly initiative. However, this is also the nature of democracy as …
On Visibly Dangerous Silliness, Anthony Chase
On Visibly Dangerous Silliness, Anthony Chase
Human Rights & Human Welfare
“Silly” is what Ramadan calls the Swiss minaret referendum. He urges, in response to its passage, that Swiss Muslims be more rather than less visible. Each point is worth reflection. How and why does silliness transform itself into danger? And how and why is visibility the correct response to such danger—even if it leads in directions Ramadan may not suspect?