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Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore 2015 Indiana University Maurer School of Law

Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore

Indiana Law Journal

On October 28, 2009, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law by President Barack Obama. Two years later, between September and November of 2011, members of a Bergholz, Ohio, Amish community allegedly carried out five attacks in which they forcibly restrained, and cut the hair and beards of, members of other Amish communities. In September of 2012, a jury rendered a verdict in United States v. Mullet and found sixteen members of the Bergholz community—including Samuel Mullet, bishop of the community—guilty of HCPA violations. These were the first convictions ...


Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2015 Columbia University

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

N/A


Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins 2015 SelectedWorks

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins

Kayla Higgins

On July 21, 2014 President Obama released Executive Order 13672, which expressly aimed to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity. Some commentators believe that the order “could be the next battleground” for the competing views of religious leaders and liberals when it comes to how to weigh religious liberty against other priorities. However, there are two main reasons why the most recent executive order should not crumble under the Hobby Lobby ...


Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman 2015 University of California, Berkeley

Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman

Stephen D Sugarman

This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible ...


Immigration Policy Of Israel: The Unique Perspective Of A Jewish State, Yehiel S. Kaplan 2015 Touro College Jacob D. Fuchsberg Law Center

Immigration Policy Of Israel: The Unique Perspective Of A Jewish State, Yehiel S. Kaplan

Touro Law Review

No abstract provided.


The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad 2015 Columbia University

The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad

Zeina Jallad

The Power of the Body:

Analyzing the Logic of Law and Social Change in the Arab Spring

Abstract:

Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian ...


Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr 2015 Liberty University

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and ...


Emigration As A Political Stance? Moroccan Migrants' Narratives Of Dignity, Human Rights And Minority Identities In Transnational Context, Anna Virkama 2015 University of Tampere

Emigration As A Political Stance? Moroccan Migrants' Narratives Of Dignity, Human Rights And Minority Identities In Transnational Context, Anna Virkama

Mathal

The protest movements known as the Arab Spring brought the frustration and disappointment of the North African citizens with their governments to the world's attention. Five years after the Arab Spring, the issues of human rights and individual freedom remain important issues in the democratic transition of the Arab societies. Since the countries in North Africa have also been important migrant sending countries for decades, the connection between mass emigration and human right issues forms an interesting research area. This empirical article aims to bring a new perspective to the debate by analysing the narratives dignity, human rights and ...


The Independent Press After The "Moroccan Spring", Hamza Tayebi 2015 Sidi Mohammed Ben Abdellah University, Faculty of Letters Dhar El Mehraz

The Independent Press After The "Moroccan Spring", Hamza Tayebi

Mathal

The wave of Arab Spring that started in Tunisia and Egypt arrived to Morocco in 2011 paving the way to unprecedented organized mass-protests all over the country. Among the demands raised by the 20 February Movement protesters was the demand for free and independent media outlets, especially the press. King Mohammed VI, the Commander of the Faithful and the highest authority in Morocco, promised in a televised speech on March 9th to introduce "radical" and "genuine" constitutional reforms that would democratize the country. In fact, King Mohammed VI has so far succeeded in calming down and co-opting the demonstrations, but ...


Scrutinizing Polygamy: Utah's Brown V. Buhman And British Columbia's Reference Re: Section 293, Maura I. Strassberg 2015 Drake University LawSchool

Scrutinizing Polygamy: Utah's Brown V. Buhman And British Columbia's Reference Re: Section 293, Maura I. Strassberg

Maura I Strassberg

In Brown v. Buhman, the recent challenge to the Utah law criminalizing polygamy brought by the stars of the reality television show Sister Wives, a federal district court determined both that strict scrutiny was required and that strict scrutiny could not be satisfied. A significant factor in this result was the state’s failure to mount a strong defense of the law, assuming that it could rely on long standing polygamy precedents such as the United States Supreme Court decision in Reynolds v. United States and more recent Tenth Circuit and Utah Supreme Court decisions to justify limiting scrutiny to ...


Freedom Of Religion And Balancing Clauses In Discrimination Legislation, Neil J. Foster 2015 University of Newcastle, NSW, Australia

Freedom Of Religion And Balancing Clauses In Discrimination Legislation, Neil J. Foster

Neil J Foster

This paper considers how discrimination laws interact with religious freedom through balancing clauses.


The Laws Of The Sabbath (Poetry): Arendt, Heine, And The Politics Of Debt, Bonnie Honig 2015 Brown University

The Laws Of The Sabbath (Poetry): Arendt, Heine, And The Politics Of Debt, Bonnie Honig

UC Irvine Law Review

No abstract provided.


Religious Freedom In Australia, Neil J. Foster 2015 University of Newcastle, NSW, Australia

Religious Freedom In Australia, Neil J. Foster

Neil J Foster

Discusses protection of religious freedom in Australia under Commonwealth and State laws, and options for increasing this protection.


Piecemeal Freedom: Why The Headscarf Ban Remains In Place In Turkey, Kerime Sule Akoglu 2015 Boston College Law School

Piecemeal Freedom: Why The Headscarf Ban Remains In Place In Turkey, Kerime Sule Akoglu

Boston College International and Comparative Law Review

The intersection of religion and politics has always been a volatile subject in Turkey. From the first years of the Republic to the present day, political leaders have had to balance the secular interests of the state with the religious beliefs of the public. Historically, it has been the religious public who has carried the brunt of this balancing act, specifically women. For decades, Muslim women wearing headscarves for religious reasons were fenced out of the public sphere because of a belief that their outwardly manifested religious beliefs threatened the secular structure of the Republic. They could not attend schools ...


Third-Party Harms, Congressional Statutes Accommodating Religion, And The Establishment Clause, Carl H. Esbeck 2015 University of Missouri School of Law

Third-Party Harms, Congressional Statutes Accommodating Religion, And The Establishment Clause, Carl H. Esbeck

Faculty Publications

Those disappointed with the U.S. Supreme Court’s ruling in Burwell v. Hobby Lobby Stores, Inc. (2014), are actively seeking ways to otherwise limit the Religious Freedom Restoration Act (RFRA). Justice Ruth Bader Ginsburg, dissenting in Hobby Lobby, wrote that when a statute seeks to accommodate a claimant’s religious beliefs or practices there must be no detrimental effect on third parties who do not share those beliefs. Although it is unclear whether Justice Ginsburg was relying on the Establishment Clause as imposing this categorical restraint on the authority of Congress, some commentators argue that her thinking necessarily rests ...


Compromising Equality: An Analysis Of The Religious Exemption In The Employment Non-Discrimination Act And Its Impact On Lgbt Workers, Erik S. Thompson 2015 Boston College Law School

Compromising Equality: An Analysis Of The Religious Exemption In The Employment Non-Discrimination Act And Its Impact On Lgbt Workers, Erik S. Thompson

Boston College Journal of Law & Social Justice

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“2013 ENDA”), a bill that attempted to incorporate both sexual orientation and gender identity as protected classes under Title VII of the Civil Rights Act of 1964. The 2013 ENDA was an important initiative that addressed a long history of employment discrimination against gay, lesbian, bisexual, and transgendered employees. The bill, however, provided a broad exemption for religiously affiliated organizations operating in secular fields. This religious exemption excluded a significant number of organizations hiring secular-in-function employees from the bill’s prohibition of discriminatory practices. Although Congress dismissed ...


Latest Surveys And Polls On Bascule Of Religion And Belief In Both The United Kingdom And Iran, Mohamad Ali Ali Yousefkhani Mr 2015 Azad University of Tehran

Latest Surveys And Polls On Bascule Of Religion And Belief In Both The United Kingdom And Iran, Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

Numerous surveys indicate that the proportion of individuals who do not hold religious beliefs is steadily increasing. Religions and beliefs are notoriously difficult to measure, as they are not fixed or innate, and therefore any poll should be primarily treated as an indication of beliefs rather than a concrete measure. However, one of the foremost respected measures of religious attitudes is the annual British Social Attitudes Survey, further details of the latest report may be found on NatCen’s website


Against Solitary Confinement: Jonah's Redemption And Our Need For Mercy, Margo Schlanger 2015 University of Michigan Law School

Against Solitary Confinement: Jonah's Redemption And Our Need For Mercy, Margo Schlanger

Articles

Author’s Note: This essay is adapted from one I wrote in September 2013 to give as a d’var Torah for Yom Kippur, and published in Tablet, an online Jewish magazine. Mostly, I’ve added footnotes. As a law professor, I am far more expert at constitutional than biblical exegesis. But perhaps because the Bible and the Constitution share their status as instrumental and highly authoritative documents, my own subjective experience of developing a reading or critique of both has turned out to be remarkably similar. Both exercises require close textual reading and wide-ranging investigation of its extant interpretations ...


Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson 2015 Robbins Geller Rudman & Dowd LLP

Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson

Eric Alan Isaacson

Recent discussions about the threat that same-sex couples hypothetically pose to the religious freedom of Americans whose religions traditions frown upon same-sex unions have largely overlooked the possibility that same-sex couples might have their own religious-liberty interest in being able to marry. The General Synod of the United Church of Christ brought the issue to the fore with an April 2014 lawsuit challenging North Carolina laws barring same-sex marriages.

Authored by a lawyer who represented the California Council of Churches and other religions organizations as amici curiae in recent marriage-equality litigation, this article argues that although marriage is a secular ...


God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff II 2015 Florida Coastal School of Law

God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii

James J. Woodruff II

In an attempt to provide clarity in the stormy seas presented at the intersection of church and state we have followed a three-step process to resolve religious liberty issues. A military commander may experience bewilderment when confronted with questions such as when is public prayer allowed or when can a religious artwork be displayed on amilitary installation. This article will review the three-step process to utilize in answering most religious-based First Amendment issues that arise during military operations. It will also provide a new manner of thinking regarding the separation of church and state.


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