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Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2016 Columbia University

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

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


Case Of Mouvement Raëlien Suisse V. Switzerland: A Blow To Freedom Of Expression In The Internet Age, Ramya Vallabhaneni 2016 Boston College Law School

Case Of Mouvement Raëlien Suisse V. Switzerland: A Blow To Freedom Of Expression In The Internet Age, Ramya Vallabhaneni

Boston College International and Comparative Law Review

On March 7, 2001, the Raël Movement (the Movement), a Geneva-based non-profit organization that aims to establish contact and good relations with extraterrestrials, sought permission from Swiss authorities in the city of Neuchâtel to put up posters for its April campaign. The Swiss authorities’ denial of the request was upheld in all four levels of Swiss appellate courts. The Movement appealed the case to the European Court of Human Rights (ECtHR) under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. On July 13, 2012, The Grand Chamber of the ECtHR found that the ...


Why Anti-Muslim Hate Statistics Don't Tell The Full Story, Faisal Kutty 2016 Valparaiso University School of Law

Why Anti-Muslim Hate Statistics Don't Tell The Full Story, Faisal Kutty

Faisal M. Kutty

No abstract provided.


The Bathurst Diocese Decision And Its Implications For The Civil Liability In Contract And Tort Of Church Institutions, Neil J. Foster 2016 University of Newcastle, NSW, Australia

The Bathurst Diocese Decision And Its Implications For The Civil Liability In Contract And Tort Of Church Institutions, Neil J. Foster

Neil J Foster

In the NSW Supreme Court decision of Anglican Development Fund Diocese of Bathurst v Palmer[2015] NSWSC 1856 (10 Dec 2015) (the Bathurst Diocese case), a single judge of the Court held that a large amount of money which had been lent to institutions in the Anglican Diocese of Bathurst, and guaranteed by a “Letter of Comfort” issued by the then Bishop of the Diocese, had to be repaid by the Bishop-in-Council, including if necessary by that body “promoting an ordinance to levy the necessary funds from the parishes”. The lengthy judgment contains a number of interesting comments on the ...


Fana And Baqa Infinities Of Islam: Approaches To Islamic Law And Behavior, L. Ali Khan 2016 Selected Works

Fana And Baqa Infinities Of Islam: Approaches To Islamic Law And Behavior, L. Ali Khan

Ali Khan

No abstract provided.


The Reopening Of The Islamic Code: The Second Era Of Ijtihad, Ali Khan 2016 Selected Works

The Reopening Of The Islamic Code: The Second Era Of Ijtihad, Ali Khan

Ali Khan

No abstract provided.


The Immutability Of Divine Texts, Liaquat Ali Khan 2016 Selected Works

The Immutability Of Divine Texts, Liaquat Ali Khan

Ali Khan

No abstract provided.


Fana And Baqa Infinities Of Islam: Approaches To Islamic Law And Behavior, L. Ali Khan 2016 Selected Works

Fana And Baqa Infinities Of Islam: Approaches To Islamic Law And Behavior, L. Ali Khan

Ali Khan

No abstract provided.


Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard Primus 2016 University of Michigan Law School

Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard Primus

Articles

In Is Originalism Our Law?, William Baude has made a good kind of argument in favor of originalism. Rather than contending that originalism is the only coherent theory for interpreting a constitution, he makes the more modest claim that it happens to be the way that American judges interpret our Constitution. If he is right—if originalism is our law—then judges deciding constitutional cases ought to be originalists. But what exactly would the content of that obligation be? Calling some interpretive method “our law” might suggest that judges have an obligation to decide cases by reference to that method ...


Don't Take Religious Freedom Purely Personally: The Constitutional Case For Corporate Religious Free Exercise Rights, Michael Blissenbach 2016 University of St. Thomas, Minnesota

Don't Take Religious Freedom Purely Personally: The Constitutional Case For Corporate Religious Free Exercise Rights, Michael Blissenbach

University of St. Thomas Law Journal

No abstract provided.


Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong 2016 Alexander Blewett III School of Law at the University of Montana

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land and Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.


Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides 2016 Pepperdine University

Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides

Journal of the National Association of Administrative Law Judiciary

Part I of this comment will explore the foundations of the First Amendment, as the Constitution is a framework on which the United States continues to rest. An examination of the events contributing and leading to the drafting of the Constitution will illuminate the rationale behind the tenets put forth by the Founding Fathers. More specifically, this comment will devote emphasis to the Founding Fathers’ objectives regarding the state in relation to religion. This emphasis will provide insight into the perspective of the Founders at the time of drafting the First Amendment. Furthermore, this section will illustrate how the separation ...


Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson 2016 University of Edinburgh

Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.


Clark Memorandum: Spring 2016, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society 2016 Brigham Young University Law School

Clark Memorandum: Spring 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez 2016 The Catholic University of America, Columbus School of Law

At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez

Catholic University Law Review

Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.

The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran ...


Bingo, Religion And Adoption Laws, Motion Picture Censorship, Lottery Charges Against Sisters Dismissed, Comic Books, 2016 St. John's University School of Law

Bingo, Religion And Adoption Laws, Motion Picture Censorship, Lottery Charges Against Sisters Dismissed, Comic Books

The Catholic Lawyer

No abstract provided.


The Natural Law And The Lawyer's Search For A Philosophy Of Law, Edward F. Barrett 2016 St. John's University School of Law

The Natural Law And The Lawyer's Search For A Philosophy Of Law, Edward F. Barrett

The Catholic Lawyer

No abstract provided.


Fraud And Error In The Canon Law Of Marriage, William F. Cahill, B.A., J.C.D. 2016 St. John's University School of Law

Fraud And Error In The Canon Law Of Marriage, William F. Cahill, B.A., J.C.D.

The Catholic Lawyer

No abstract provided.


Sacred Roman Rota Is Streamlined By Pope's New Decree, California D.A. Names More Nuns In Lottery Charges, Decry Encroachment Of Social Agencies Upon Functions Of The Courts, Natural Law Conference, Red Mass In Chicago, 2016 St. John's University School of Law

Sacred Roman Rota Is Streamlined By Pope's New Decree, California D.A. Names More Nuns In Lottery Charges, Decry Encroachment Of Social Agencies Upon Functions Of The Courts, Natural Law Conference, Red Mass In Chicago

The Catholic Lawyer

No abstract provided.


Wearing Religious Garb, Bible Distribution In Public Schools, Zoning Restrictions On Churches, Rectory Held Tax Exempt, Religion And Adoption Laws, Court Permits Child To Choose Religion, 2016 St. John's University School of Law

Wearing Religious Garb, Bible Distribution In Public Schools, Zoning Restrictions On Churches, Rectory Held Tax Exempt, Religion And Adoption Laws, Court Permits Child To Choose Religion

The Catholic Lawyer

No abstract provided.


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