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Religion Law Commons

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Articles 1 - 15 of 15

Full-Text Articles in Religion Law

Exorcising The Clergy Privilege, Christine P. Bartholomew Oct 2017

Exorcising The Clergy Privilege, Christine P. Bartholomew

Journal Articles

This Article debunks the empirical assumption behind the clergy privilege, the evidentiary rule shielding confidential communications with clergy. For over a century, scholars and the judiciary have assumed generous protection is essential to foster and encourage spiritual relationships. Accepting this premise, all fifty states and the District of Columbia have adopted virtually absolute privilege statutes. To test this assumption, this Article distills data from over 700 decisions — making it the first scholarship to analyze state clergy privilege jurisprudence exhaustively. This review finds a privilege in decline: courts have lost faith in the privilege. More surprisingly, though, so have clergy. …


Parental Rights And The State Regulation Of Religious Schools, Matthew J. Steilen Jan 2009

Parental Rights And The State Regulation Of Religious Schools, Matthew J. Steilen

Journal Articles

In Wisconsin v. Yoder, the United States Supreme Court invalidated convictions of several Amish parents for removing their children from school in violation of state mandatory attendance laws. In reaching its decision, the Court argued that protecting the Amish parents’ decisions fit into a longstanding American tradition of giving parents control over the upbringing of their children. Yet the Supreme Court mischaracterized the history of parental rights and state interests in education. Contemporary historical research shows that parents have long ceded a large measure of control to the state in the education of their children. Still, very little has been …


The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French Jan 2004

The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French

Journal Articles

No abstract provided.


Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold Jan 2003

Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold

Journal Articles

No abstract provided.


Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French Jan 2003

Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French

Journal Articles

No abstract provided.


From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French Jan 1999

From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French

Journal Articles

No abstract provided.


Faith And The Liberal Legal Order: An Appreciative Response To Shaffer And The Symbolism Workshop, Elizabeth B. Mensch Mar 1998

Faith And The Liberal Legal Order: An Appreciative Response To Shaffer And The Symbolism Workshop, Elizabeth B. Mensch

Journal Articles

No abstract provided.


John P. Reeder, Jr.'S Killing And Saving: Abortion, Hunger, And War (Book Review), Elizabeth B. Mensch Jan 1998

John P. Reeder, Jr.'S Killing And Saving: Abortion, Hunger, And War (Book Review), Elizabeth B. Mensch

Book Reviews

No abstract provided.


Lamas, Oracles, Channels, And The Law: Reconsidering Religion And Social Theory, Rebecca Redwood French Jan 1998

Lamas, Oracles, Channels, And The Law: Reconsidering Religion And Social Theory, Rebecca Redwood French

Journal Articles

No abstract provided.


The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French Jul 1995

The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.


Islamic International Law And Public International Law: Separate Expressions Of World Order, David A. Westbrook Jan 1993

Islamic International Law And Public International Law: Separate Expressions Of World Order, David A. Westbrook

Journal Articles

No abstract provided.


Religion Vs. The Public Schools: Losing Faith In Public Schools, Elizabeth B. Mensch, Alan David Freeman Mar 1992

Religion Vs. The Public Schools: Losing Faith In Public Schools, Elizabeth B. Mensch, Alan David Freeman

Other Scholarship

No abstract provided.


The Politics Of Virtue: Animals, Theology, And Abortion, Elizabeth B. Boyer, Alan Freeman Jan 1991

The Politics Of Virtue: Animals, Theology, And Abortion, Elizabeth B. Boyer, Alan Freeman

Journal Articles

No abstract provided.


Religion As Science/Science As Religion: Constitutional Law And The Fundamentalist Challenge, Elizabeth B. Mensch, Alan David Freeman Nov 1987

Religion As Science/Science As Religion: Constitutional Law And The Fundamentalist Challenge, Elizabeth B. Mensch, Alan David Freeman

Other Scholarship

No abstract provided.


Religion, Revival, And The Ruling Class: A Critical History Of Trinity Church, Elizabeth B. Mensch Jan 1987

Religion, Revival, And The Ruling Class: A Critical History Of Trinity Church, Elizabeth B. Mensch

Journal Articles

No abstract provided.