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

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 ...


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 ...


Political Islamism In Tunisia: A History Of Repression And A Complex Forum For Potential Change, Sarah R. Louden 2015 University of Illinois at Chicago

Political Islamism In Tunisia: A History Of Repression And A Complex Forum For Potential Change, Sarah R. Louden

Mathal

This paper argues that the growth and legalization of Political Islamism in Tunisia will naturally hinder the contemporary influence of violent extremism, leading to partnership and inclusion within a Democratic government. The basis for this claim rests on the idea that the condemnation and repression of Political Islamism in Tunisia historically backfired and led to the further underground radicalization of Tunisians, along with scores of human rights abuses by authorities. Specifically, this essay will focus on the moderate Islamist party Ennahda, the Salafist party Ansar al-Sharia, and their complex relationship to each other as well as to domestic and regional ...


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


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.


Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman 2015 William & Mary Law School

Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman

Popular Media

No abstract provided.


Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley 2015 University of Georgia School of Law

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.


Metaphysical Univocity And The Immanent Frame: Defending Religious Liberty In A Secular Age?, Harry G. Hutchison 2015 George Mason University School of Law

Metaphysical Univocity And The Immanent Frame: Defending Religious Liberty In A Secular Age?, Harry G. Hutchison

Harry G. Hutchison

This article is the first installment of three articles. This article examines and appropriates concepts such as metaphysical univocity (a scheme initiated by John Duns Scotus and enriched by insights proffered by Muslim philosopher Ibn Sīnā) and then considers the immanent frame as part of my defense of religious liberty. The second installment applies my defense to current controversies in the United States. The third installment utilizes ideas and concepts from the first two articles as part of a comparative study of religious liberty in Turkey wherein I considers the status of religious minorities within Turkey’s borders. This tri-part ...


Religious Tests And The British Monarchy, Nathan B. Oman 2015 William & Mary Law School

Religious Tests And The British Monarchy, Nathan B. Oman

Popular Media

No abstract provided.


Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman 2015 William & Mary Law School

Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman

Popular Media

No abstract provided.


Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman 2015 William & Mary Law School

Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman

Popular Media

No abstract provided.


Markets, Religion, And The Limits Of Privacy, Nathan B. Oman 2015 William & Mary Law School

Markets, Religion, And The Limits Of Privacy, Nathan B. Oman

Popular Media

No abstract provided.


Indiana And Doux Commerce, Nathan B. Oman 2015 College of William & Mary Law School

Indiana And Doux Commerce, Nathan B. Oman

Popular Media

No abstract provided.


Book Review: The Concept Of State And Law In Islam. Farooq Hassan. University Press Of America, 1981., Noor Mohammad 2015 University of Baltimore

Book Review: The Concept Of State And Law In Islam. Farooq Hassan. University Press Of America, 1981., Noor Mohammad

Georgia Journal of International & Comparative Law

No abstract provided.


Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall 2015 Legal Studies & Business Ethics/Wharton University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


The Need For A Law Of Church And Market, Nathan B. Oman 2015 William & Mary Law School

The Need For A Law Of Church And Market, Nathan B. Oman

Faculty Publications

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought ...


Crafting A Parental Challenge Against The Affordable Care Act's Contraceptive Mandate After Hobby Lobby, Kevin M. LeRoy 2015 Indiana University - Bloomington

Crafting A Parental Challenge Against The Affordable Care Act's Contraceptive Mandate After Hobby Lobby, Kevin M. Leroy

Kevin M LeRoy

The free exercise of religion is perhaps the area of greatest change in the law today. High profile free exercise challenges have developed against the Affordable Care Act, same-sex marriage, and regulations involving abortion. This Comment explores one potential area of growth in the free exercise legal landscape: the availability of a parental challenge to the Affordable Care Act’s Contraceptive Mandate. In Burwell v. Hobby Lobby, the Supreme Court held that the Mandate, as applied to closely held for-profit businesses with religious objections to the facilitation of contraceptive services, violated the Religious Freedom Restoration Act. This Comment argues that ...


“Labeling Games”: Classification Of Counseling As Speech Versus Conduct, Diahann DaSilva 2015 Boston College Law School

“Labeling Games”: Classification Of Counseling As Speech Versus Conduct, Diahann Dasilva

Boston College Law Review

Courts have long recognized that the First Amendment protects both certain classes of speech and certain forms of conduct. Recently, in the context of state regulations prohibiting a particular form of counseling, courts have considered whether mental health counseling in the form of talk therapy falls within the category of conduct protected under the First Amendment. This Note argues that labeling an activity that takes place by means of speech as conduct is improper and leads to the perverse result of avoiding First Amendment analysis. In doing so, this Note examines the protection of speech and conduct under the First ...


La República Laica Y Sus Libertades. Las Reformas A Los Artículos 24 Y 40 Constitucionales, Javier Martín Reyes, Pedro Salazar Ugarte, Paulina Barrera Rosales, Vladimir Chorny Elizalde, Ana Gaitán Uribe, María de Guadalupe Salmorán Villar 2015 Columbia University

La República Laica Y Sus Libertades. Las Reformas A Los Artículos 24 Y 40 Constitucionales, Javier Martín Reyes, Pedro Salazar Ugarte, Paulina Barrera Rosales, Vladimir Chorny Elizalde, Ana Gaitán Uribe, María De Guadalupe Salmorán Villar

Javier Martín Reyes

The Secular Republic and its Freedoms: Constitutional Amendments to Articles 24 and 40.


Vicarious Liability And Non-Delegable Duty In Common Law Actions Based On Institutional Child Abuse, Neil J. Foster 2015 University of Newcastle, NSW, Australia

Vicarious Liability And Non-Delegable Duty In Common Law Actions Based On Institutional Child Abuse, Neil J. Foster

Neil J Foster

The paper discusses the options for holding institutions civilly liable for child sexual abuse. In particular it suggests that the law of non-delegable duty ought to be extended to intentional torts like battery.


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