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Articles 1 - 8 of 8
Full-Text Articles in Religion Law
Incitement In The Mosques: Testing The Limits Of Free Speech And Religious Liberty, Kenneth Lasson
Incitement In The Mosques: Testing The Limits Of Free Speech And Religious Liberty, Kenneth Lasson
All Faculty Scholarship
In times of terror and tension, civil liberties are at their greatest peril. Nowadays, no individual rights are more in jeopardy than the freedoms of speech and religion. This is true particularly for followers of Islam, whose leaders have become increasingly radical in both their preaching and practice. "Kill the Jews!" and "Kill the Americans!" are chants heard regularly in many Middle Eastern mosques, as frightful echoes of the fatwa are issued by today's quintessential terrorist, Osama bin Laden. The incitement continues unabated to this day. In April of 2004, for example, a Muslim preacher at the Al-Aqsa Mosque in …
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Free Exercise And The Problem Of Symmetry, Nelson Tebbe
Free Exercise And The Problem Of Symmetry, Nelson Tebbe
Cornell Law Faculty Publications
This Article identifies a difficulty with the neutrality paradigm that currently shapes thinking about the Free Exercise Clause both on the Supreme Court and among its leading critics. It proposes a liberty component, shows how it would generate more attractive results than neutrality alone, and defends the liberty approach against likely objections.
A controversial neutrality rule currently governs cases brought under the Free Exercise Clause. Under that rule, only laws and policies that have the purpose of discriminating against religion draw heightened scrutiny. All others are presumptively constitutional, regardless of how severely they burden religious practices.
Critics have attacked the …
Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein
Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner
The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett
Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett
Journal Articles
Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope John Paul …
The Permissible Scope Of Legal Limitations On The Freedom Of Religion Or Belief In The United States, Frederick Mark Gedicks
The Permissible Scope Of Legal Limitations On The Freedom Of Religion Or Belief In The United States, Frederick Mark Gedicks
Faculty Scholarship
This article summarizes the law of legal limitations on religious freedom in the UnitedStates, including sources and hierarchies of applicable law, structural limitations on religious freedom, grounds for limiting such freedom, an analytical description oflimitations, and background influences on limitations law, and applies this law to hypothetical situations.
Federal judicial decisions interpreting the Religion Clauses are the principal source oflimitations law in the United States. RLUIPA and RFRA, federal anti-discrimination statutes, and executive orders are other important sources of religious freedom law. State constitutions, statutes, and regulations are important sources law when federal sources are absent or inapplicable. International human …
Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter
Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter
Publications
As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …