Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (28)
- Constitutional Law (24)
- Law and Society (11)
- Comparative and Foreign Law (6)
- Conflict of Laws (5)
-
- Education Law (5)
- Legislation (5)
- Civil Rights and Discrimination (4)
- Jurisprudence (4)
- Labor and Employment Law (4)
- Law and Politics (4)
- Human Rights Law (3)
- State and Local Government Law (3)
- Family Law (2)
- Judges (2)
- Sexuality and the Law (2)
- Animal Law (1)
- Antitrust and Trade Regulation (1)
- Civil Procedure (1)
- Courts (1)
- Criminal Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Insurance Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Juvenile Law (1)
- Institution
-
- Pepperdine University (33)
- Touro University Jacob D. Fuchsberg Law Center (6)
- University of Richmond (6)
- University of the Pacific (4)
- UIC School of Law (2)
-
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- West Virginia University (2)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Golden Gate University School of Law (1)
- Louisiana State University Law Center (1)
- Universitas Indonesia (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- Vanderbilt University Law School (1)
- Keyword
-
- Religion (20)
- First Amendment (13)
- Constitutional law (10)
- Freedom of religion (8)
- Establishment Clause (7)
-
- Establishment clause (6)
- First amendment (6)
- Judaism (6)
- Jewish Law (5)
- Levinson (5)
- Constitutional Law (4)
- Dual Sovereignty (4)
- Free exercise (4)
- Religious freedom (4)
- Religious liberty (4)
- United States Supreme Court (4)
- Constitution (3)
- Free Exercise Clause (3)
- Islam (3)
- Islamic law (3)
- John Rawls (3)
- Law (3)
- Law and religion (3)
- Pluralism (3)
- Religious neutrality (3)
- Andrew Koppelman (2)
- Antonin Scalia (2)
- Authority (2)
- Beliefs (2)
- Christianity (2)
- Publication
-
- Pepperdine Law Review (33)
- Touro Law Review (6)
- McGeorge Law Review (4)
- Richmond Journal of Law and the Public Interest (2)
- Richmond Public Interest Law Review (2)
-
- UIC Law Review (2)
- University of Richmond Law Review (2)
- Villanova Law Review (2)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- West Virginia Law Review (2)
- BYU Law Review (1)
- Chicago-Kent Law Review (1)
- Golden Gate University Law Review (1)
- Indonesia Law Review (1)
- Journal of Law and Health (1)
- Kentucky Law Journal (1)
- Louisiana Law Review (1)
- Michigan Journal of Race and Law (1)
- Vanderbilt Journal of Transnational Law (1)
Articles 1 - 30 of 66
Full-Text Articles in Religion Law
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
West Virginia Law Review
In the hills of Appalachia sing the hymns of the faithful, preaching a belief in the handling of snakes to prove loyalty to God. In West Virginia, persons may take up poisonous reptiles and pass them amidst crowds in the name of religion without legal restraints. While other states prohibit snake- handling in the name of safety, West Virginia law remains void on the issue. This Article introduces the practice of snake-handling and examines the risks posed by taking up poisonous animals whose bite may cause serious injury or death. This Article then suggests how the West Virginia law may …
Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks
Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks
Touro Law Review
No abstract provided.
Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak
Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak
Touro Law Review
Analyzes the two divided loyalties that Levinson faces in "Divided Loyalties: The Problem of 'Dual Sovereignty' and Constitutional Faith."
Israel's Constitutional Tragedy, Menachem Lorberbaum
Israel's Constitutional Tragedy, Menachem Lorberbaum
Touro Law Review
No abstract provided.
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Touro Law Review
No abstract provided.
Navigating The Space Between Dueling Sovereigns, Miriam Galston
Navigating The Space Between Dueling Sovereigns, Miriam Galston
Touro Law Review
No abstract provided.
Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson
Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson
Touro Law Review
Sanford Levinson provides the inaugural lecture of the new Jewish Law Institute at Touro Law School. He focuses on some of the ways that he finds himself constantly thinking of what might be termed "meta-issues" that arise in his joint study of, and intellectual confrontation with, Jewish law and American constitutional law.
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen
Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen
West Virginia Law Review
No abstract provided.
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Pepperdine Law Review
No abstract provided.
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.
No Compelling Interest: The "Birth Control" Mandate And Religious Freedom, Helen M. Alvare
No Compelling Interest: The "Birth Control" Mandate And Religious Freedom, Helen M. Alvare
Villanova Law Review
No abstract provided.
"Religious Freedom," The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
"Religious Freedom," The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
Inheritance Legal System In Indonesia: A Legal Justice For People, Yeni Salma Barlinti
Inheritance Legal System In Indonesia: A Legal Justice For People, Yeni Salma Barlinti
Indonesia Law Review
As one of Asian countries, Indonesia has varied of cultures and religions. This variety affects positive laws in Indonesia, one of them is inheritance law. Indonesia has three inheritance legal systems, that is, adat inheritance law, Islamic inheritance law, and western inheritance law. Adat inheritance law is a norm of local adat community about inheritance. Islamic inheritance law is a norm of inheritance based on al Qur’an (Islamic holy book) and hadis (words, acts, and silence of Prophet Muhammad PBUH). In Indonesia, there are three schools of Islamic inheritance law, that is, Syafi’i’s (patrilineal) system of inheritance law (Imam Syafi’i …
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Pepperdine Law Review
Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …
How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert
How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert
Pepperdine Law Review
In the 2010 midterm elections, the citizens of Oklahoma passed a ballot initiative barring Oklahoma courts from considering the tenets of Islamic Sharia law in their judicial decisions. This initiative was passed in the midst of a nation-wide debate on the nature of Sharia law, in which numerous states began to take legislative steps to ban or limit the application of Sharia. Oklahoma’s law was the first to explicitly ban Sharia, and it was immediately challenged by a Muslim plaintiff for violating the Constitution’s Establishment and Free Exercise Clauses. This Article examines the resulting case, Awad v. Ziriax, and the …
Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr
Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr
Michigan Journal of Race and Law
Cultural resources can be defined as "the tangible and intangible effects of an individual or group of people that define their existence, and place them temporally and geographically in relation to their belief systems and their familial and political groups, providing meaning to their lives." The field of cultural resources includes tangible items, such as land, sacred sites, and religious and finerary objects. The field also includes intangible knowledge and customs, such as tribal names, symbols, stories, and ecological, ethnopharmacological, religious, or other traditional knowledge. The tangible cultural resources of tribes can fall under the protection of statutes such as …
Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura
Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura
Chicago-Kent Law Review
Muslim American women who wear the hijab, or Islamic headscarf, face religious discrimination in nearly every aspect of their public life. They even face it during arrest or incarceration. Law enforcement officials often force Muslim women to remove their hijab while in custody, which both degrades and humiliates them in the process. But prison policies that prohibit incarcerated Muslim women from wearing the hijab violate their right to free exercise of religion. Penal institutions should not prevent incarcerated Muslim women from wearing a hijab without compelling reasons, especially when such policies often arise out of religious discrimination. Courts must …
Lessons For Religious Liberty Litigation From Kentucky, Jennifer Anglim Kreder
Lessons For Religious Liberty Litigation From Kentucky, Jennifer Anglim Kreder
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Government Disapproval Of Religion, Jay Wexler
Government Disapproval Of Religion, Jay Wexler
BYU Law Review
The Supreme Court's "endorsement test" for evaluating the constitutionality of government sponsored symbols, displays, and messages regarding religion is notoriously controversial and has engendered enormous scholarly attention. In addition to government "endorsement" of religion, however, the test also prohibits the government from sending a message of "disapproval" of religion. The disapproval side of the endorsement test has not been subject to almost any scholarly discussion, which is not surprising given that until recently the courts have had no reason to entertain, much less sustain, challenges to alleged government disapproval of religion. In the last few years, however, due to a …
Ninth Circuit Rules Against Scientology Ministers' Forced-Labor Claims In Headley V. Church Of Scientology International, Jeffrey W. Tye
Ninth Circuit Rules Against Scientology Ministers' Forced-Labor Claims In Headley V. Church Of Scientology International, Jeffrey W. Tye
Golden Gate University Law Review
In Headley v. Church of Scientology International, the Ninth Circuit faced a particularly sensitive question involving the limits of the TVPA and the application of the ministerial exception. In Headley, former ministers brought TVPA forced-labor claims against the Church of Scientology (the “Church”). The Church argued before the district court that the plaintiffs’ labor was not forced, and that the ministerial exception applied to effectively bar the plaintiffs’ claims. The district court agreed, holding that the instances of physical abuse alleged did not raise a triable issue of fact as to the Headleys’ forced-labor claims. The court also …
Piercing The Religious Veil Of The So-Called Cults , Joey Peter Moore
Piercing The Religious Veil Of The So-Called Cults , Joey Peter Moore
Pepperdine Law Review
No abstract provided.
Government Entanglement With Religion: What Degree Of Proof Is Required? , Lee Boothby
Government Entanglement With Religion: What Degree Of Proof Is Required? , Lee Boothby
Pepperdine Law Review
No abstract provided.
The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist
The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist
Pepperdine Law Review
No abstract provided.
"Religion" And "Religious Institutions" Under The First Amendment , Sharon L. Worthing
"Religion" And "Religious Institutions" Under The First Amendment , Sharon L. Worthing
Pepperdine Law Review
No abstract provided.
Heffron V. International Society For Krishna Consciousness Inc.: A Restrictive Constitutional View Of The Proselytizing Rights Of Religious Organizations , Michael M. Greenburg
Heffron V. International Society For Krishna Consciousness Inc.: A Restrictive Constitutional View Of The Proselytizing Rights Of Religious Organizations , Michael M. Greenburg
Pepperdine Law Review
The persistent efforts of religious organizations to reach their public have consistently been met with governmental limitation due to the often conflicting interests of public order, and free speech and expression. Heffron v. International Society for Krishna Consciousness, Inc. represents the Court's latest redefinition of the extent of permissible limitations upon the activities of these groups. The author examines the decision in light of the traditional criteria for permissible time, place, and manner restrictions upon free speech and evaluates the Court's implementation of these restrictions with respect to the activities of the Krishna group. The impact of the decision upon …
A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner
A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner
Pepperdine Law Review
In Thomas v. Review Board of the Indiana Employment Security Division, the United States Supreme Court was called upon to clarify the appropriate level of review to be applied in cases which examine the first amendment right to free exercise of religion. The Court ruled that the "compelling state interest" test is the proper standard to be used. The Court also accorded first amendment protection to beliefs which are not shared by other members of a religious group and which are instead the unique interpretation of an individual member and not acceptable, logical, consistent or comprehensible to others.
The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg
The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg
Pepperdine Law Review
Since the infamous Scopes trial the matter of the constitutional validity of the "anti-evolution" laws has plagued both legal scholars and school administrators. The courts have generally invalidated legislation which bans outright the teaching of evolution in public schools, but with the advent of the "balanced treatment" acts, a revival of this litigation has begun. The author examines the constitutional analysis utilized by the courts in dealing with the "anti-evolution" and "balanced treatment" acts and provides an historical perspective of the first amendment to question the Court's response to the issue.
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Pepperdine Law Review
Justice Hugo L. Black served on the United States Supreme Court over a period of thirty-four years, encompassing Supreme Court terms from 1937 to 1971. During this period, the subject of the constitutional limitations of the freedom of religion was increasingly subjected to intense social pressures. Justice Black figured prominently in the development of constitutional law as the Supreme Court attempted to give meaning to the establishment and free exercise clause of the first amendment. He wrote the majority opinions which dealt with the establishment clause in the Everson, McCulloin, Engel and Torcaso cases. Yet, on later occasions, Justice Black …
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker
Pepperdine Law Review
No abstract provided.