Religion Law Commons^™

Abortion Politics: The Roman Catholic Church's Tax-Exempt Status In Jeopardy Under Section 501(C)(3) Of The Internal Revenue Code, Junji John Shimazaki

BYU Law Review

No abstract provided.

"L. Ron Hubbard, How Much Is A Religious Service Worth, And Do Box Seats Cost Extra?": The Deductibility Of Mandatory Donations Under Section 170 Of The Internal Revenue Code

Washington and Lee Law Review

No abstract provided.

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Free Exercise And Dress Codes: Toward A More Consistent Protection Of A Fundamental Right, Dale E. Carpenter

Indiana Law Journal

No abstract provided.

Toward A Universal Standard: Free Exercise And The Sanctuary Movement, Troy Harris

University of Michigan Journal of Law Reform

This Note will first look at the combination of circumstances and beliefs that compel members of the Sanctuary Movement to break the law. Second, it will examine current free exercise doctrine that may provide first amendment protection to Sanctuary workers, concluding that the cases reflect two parallel, yet incompatible, rationales. Following one line of cases, Sanctuary activity should be protected; following the other line, it should be condemned. Third, this Note will resolve the inconsistency of these rationales by proposing a new universal test for free exercise claims. Fourth, it will explore the details of recent cases involving Sanctuary workers …

Public Prayer And The Constitution, Ethan M. Posner

Michigan Law Review

A Review of Public Prayer and the Constitution by Rodney K. Smith

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent

"Secular Humanism" And The Definition Of Religion: Extending A Modified "Ultimate Concern" Test To Mozert V. Hawkins County Public Schools And Smith V. Board Of School Commissioners, Craig A. Mason

Washington Law Review

This Comment defends an expansive definition of religion which is uniform under the establishment clause and under the free exercise clause. This Comment, to effect this expansion, constructs empirical indicators of religion for use in establishment clause cases. This proposed approach distinguishes science from values and philosophies, and only the latter two might be called "secular humanism." This distinction incorporates longstanding Supreme Court jurisprudence allowing the teaching of evolution." Expanding religious protection under the free exercise clause made a balancing approach necessary.'" Similarly, using an expansive definition of religion to broaden the scope of the establishment clause will require more …

"Secular Humanism" And The Definition Of Religion: Extending A Modified "Ultimate Concern" Test To Mozert V. Hawkins County Public Schools And Smith V. Board Of School Commissioners, Craig A. Mason

Washington Law Review

This Comment defends an expansive definition of religion which is uniform under the establishment clause and under the free exercise clause. This Comment, to effect this expansion, constructs empirical indicators of religion for use in establishment clause cases. This proposed approach distinguishes science from values and philosophies, and only the latter two might be called "secular humanism." This distinction incorporates longstanding Supreme Court jurisprudence allowing the teaching of evolution." Expanding religious protection under the free exercise clause made a balancing approach necessary.'" Similarly, using an expansive definition of religion to broaden the scope of the establishment clause will require more …

Kendrick V. Bowen: "Primary Effect" Analysis And The Adolescent Family Life Act, Gregory M. Hess

BYU Law Review

No abstract provided.

Permitting Religious Employers To Discriminate On The Basis Of Religion: Application To For-Profit Activities, Scott Klundt

BYU Law Review

No abstract provided.

One Moment Please: Private Devotion In The Public Schools, Richard G. Wilkins

Brigham Young University Journal of Public Law

No abstract provided.

The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr

Penn State International Law Review

Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.

1987 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Court has granted review during the 1987-88 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen

UIC Law Review

No abstract provided.

"Public Education In Shreds": Religious Challenges To Curricular Decisions, Kiply S. Shore

Indiana Law Journal

No abstract provided.

Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell

UIC Law Review

No abstract provided.

The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner

Scholarly Articles

In the next several years, the new reproductive technologies will, for better or worse, affect the civil law governing society's most basic relationships and the rights and duties that accompany them. As lawmakers deliberate over the social choices required by technological developments in human reproduction, the soundness of their decisions will depend on their understanding of the good that is at risk, and on their commitment to the law's role in defending it. In view of the fundamental nature of the societal relationships implicated, who will deny that much currently depends on the quality of lawmakers' decisions?

This article draws …

Catholic Labor Theory And The Transformation Of Work, David L. Gregory

Washington and Lee Law Review

No abstract provided.

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

Publications

No abstract provided.

The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams

All Faculty Scholarship

No abstract provided.

Pedophilia: The Legal Predicament Of Clergy, Raymond C. O'Brien

Scholarly Articles

This Article identifies the present posture of child abuse and admits that the incidence of child sexual abuse among members of the clergy is documental. Indeed, incidents of child abuse seem to be more common each day throughout all segments of the population. This has affected public trust and the public has responded by revoking such traditional clerical prerogatives as the priest-penitent privilege, developing a theory of abuse in gestation, and demanding better treatment for offenders through therapy.

The precise scope of this Article is to offer recommendations concerning the legal, medical and social predicament of pedophilia regarding issues that …

Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim

UIC Law Review

No abstract provided.

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Faculty Publications

No abstract provided.

Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Why would anyone not studying religion be interested in Jewish law? It will be surprising for some to learn that some twenty to twenty-five law schools now offer courses in Jewish law. The literature in English is growing year after year. And the area is becoming one of serious study for scholars of law as distinguished from scholars of religion. Jewish law as taught in secular law schools is not that of religious ritual. It is the law of contracts, torts, damages, property, secured transactions, civil and criminal procedure, legal ethics, and consumer protection. In other words, it spans the …