Difficult Definitional Problems In Tax Administration: Religion And Race, 2017 St. John's University School of Law
Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz
The Catholic Lawyer
No abstract provided.
O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, 2017 Boston College Law School
O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee
Boston College International and Comparative Law Review
Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...
The Sermon On The Mountain Of Cash: How To Curtail The Prosperity Scheme And Prevent Opportunists From “Preying” On Vulnerable Parishioners, Jacob M. Bass
Boston College Journal of Law & Social Justice
Many televangelists in the United States preach the “prosperity gospel,” a doctrine which teaches that a religiously faithful person who continually donates money to church ministries can expect God to grant material improvements to their finances, health, and relationships. Americans who participate in prosperity gospel churches often donate thousands of dollars to these churches, despite their difficulty financing such large donations and the lack of the promised material improvement to their lives. Televangelists who preach the prosperity gospel secretly use these donations to finance their extravagant lifestyles, instead of using the funds to support the faithful masses who continue to ...
Creating Confusion Rather Than Clarity: The Sixth Circuit's (Lack Of) Decision In Tree Of Life Christian Schools V. Upper Arlington, Lindsey Edinger
Boston College Law Review
There is currently a split among five federal circuits as to what constitutes a secular comparator to a religious assembly or institution under the equal terms provision of the Religious Land Use and Institutionalized Persons Act. Stemming from this initial split, courts have further divided as to what is necessary to establish a prima facie case for an equal terms claim. On May 18, 2016, the U.S. Court of Appeals for the Sixth Circuit in Tree of Life Christian Schools v. Upper Arlington became the most recent circuit to address the equal terms provision. Rather than providing a clear ...
The Lautsi Decision As Seen From (Christian) Europe, 2017 University of Maine School of Law
The Lautsi Decision As Seen From (Christian) Europe, Pierre-Henri Prelot
Maine Law Review
It is very interesting, as well as a strange, situation for the French to comment on behalf of the Americans in Lautsi case, especially the decisive pleading of Joseph Weiler in the Grand Chamber of the European Court in 2011. French people heard about Joseph Weiler a few years ago in 2009 when he published: “L’Europe Chretienne?: Une Excursion” (Christian Europr?: An Excursion). The book was prefaced by the French (Catholic) philosopher Remi Brague. The French edition had been translated from its 2003 Italian version. There is no English edition of it. Such a lacking may seem strange, but ...
The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, 2017 University of Maine School of Law
The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall
Maine Law Review
In Lautsi v. Italy, the European Court of Human Rights (“ECHR”) held that an Italian law requiring crucifixes to be displayed in public school classrooms did not violate the European Convention on Human Rights (“European Convention”). In so holding, the ECHR sent the message that it would not incorporate American nonestablishment norms into its interpretation of the European Convention. They key advocate behind the Lautsi decision was Professor Joseph Weiler. Representing the nations intervening in the case on behalf of Italy, Professor Weiler took the lead in arguing against a strict nonestablishment interpretation of the European Convention—the position that ...
Freedom Of Religion And Freedom From Religion: The European Model, 2017 University of Maine School of Law
Freedom Of Religion And Freedom From Religion: The European Model, Jhh Weiler
Maine Law Review
What place may religion have in our public space? In our definition of the State? In our educational systems? In defining our public identity? It is, in part, a question of and for democracy: Imagine a State with a majority of practicing Christians among its citizens. May they use the legislative and administrative institutions of the State to make theirs a Christian State? Would that not run up institutions of the State to make theirs a Christian State? Would that not run up against our most cherished constitutional principles of freedom, notable freedom of religion and freedom from religion? The ...
Introduction: Symposium: Law, Religion, And Lautsi V. Italy, 2017 University of Maine School of Law
Introduction: Symposium: Law, Religion, And Lautsi V. Italy, Malick W. Ghachem
Maine Law Review
This symposium offers a rare opportunity to see three of the finest minds in Law and Religion scholarship from both sides of the North Atlantic at work. Held at the University of Maine on March 23, 2012, the symposium featured a keynote address by Professor Joseph Weiler of New York University Law School. Professor Weiler’s remarks were occasioned by a 2011 decision of the European Court of Human Rights (“ECHR”) in Strasbourg, Lautsi v. Italy, upholding the constitutionality of the display of the crucifix in Italian public school classrooms under the European Convention of Human Rights (“the Convention”). The ...
The Tension Between Equal Protection And Religious Freedom, 2017 Franklin Pierce Law Center
The Tension Between Equal Protection And Religious Freedom, John M. Greabe
[Excerpt] "The Constitution did not become our basic law at a single point in time. We ratified its first seven articles in 1788 but have since amended it 27 times. Many of these amendments memorialize fundamental shifts in values. Thus, it should come as no surprise to learn that the Constitution is not an internally consistent document."
"Other constitutional provisions -- even provisions that were simultaneously enacted -- protect freedoms that can come into conflict with one another. The First Amendment, for example, promises both freedom from governmental endorsement of religion and freedom from governmental interference with religious practice. But how do ...
Intellectual Property Rights In The Kingdom Of Saudi Arabia In Light Of Sharia And The Trips Agreement, Abdulrahman Alabdulkarim
This study aims to illustrate the current state of intellectual property rights (IPR) in Saudi Arabia in light of certain international agreements, specifically TRIPS, as well as Sharia law, that have informed the Saudi legislature in its creation and handling of intellectual property matters. Various matters of IP today may be debated among Saudi's Islamic jurists, which in turn may bring such issues into conflict with Sharia. Such conflicts over matters of IP cannot be dismissed lightly by the Saudi legislators. They must determine the proper enforcement and protection of IRP as stipulated by modern Saudi IP laws and ...
The Secular Benefits Of Comparative Religious Education, 2017 Brigham Young University
The Secular Benefits Of Comparative Religious Education, Wen Jie (Fred) Tan
Brigham Young University Prelaw Review
This paper builds on current literature surrounding the need for increased religious freedom. Theories on conflict and threat describe how peace and religious freedom must be preceded by religious understanding. However, it is erroneous and presumptuous to claim that such religious understanding will increase naturally without intentional policies facilitating a climate tolerance and acceptance. Taboos limit governments' interaction with religion. It will be shown how secular benefits that religious freedom brings provide strong justification for cooperation between both institutions. A policy of comparative religious education improves mutual religious understanding and helps bring about increased economic growth and national security. Because ...
Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, 2017 William & Mary Law School
Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman
Indiana Law Journal
This Article addresses the question of law, religion, and the market directly. It does so by developing three theories of how one might conceptualize the proper relationship between commerce and religion. The first two theories I offer are not meant to be summaries of any position explicitly articulated by any particular thinker. There is a paucity of explicit reflection on the question of markets and reli-gion and virtually no effort to generate broad legal theories of that relationship. Rather, these theories are an attempt to explicitly articulate clusters of intuitions that seem to travel together. My hope is to show ...
Global Issues In Freedom Of Speech And Religion: Cases And Materials, 2017 Pacific McGeorge School of Law
Global Issues In Freedom Of Speech And Religion: Cases And Materials, Leslie Gielow Jacobs, Alan Brownstein
Leslie Gielow Jacobs
Brownstein and Jacobs's Global Issues in Freedom of Speech and Religion: Cases and Materials is a companion volume to existing materials. Designed to assist professors in introducing issues of international and comparative law, this title is ideal for use in educational courses that address:
- The First Amendment
- Law and religion
- Individual rights
- Other topics dealing with free speech and religious liberty
In order to make companion materials understandable and accessible to students as well as to professors who have not taught the materials before, this title:
- Includes case excerpts, helpful background materials, and notes
- Is set out in a ...
What Good Is Religious Freedom? Locke, Rand, And The Non-Religious Case For Respecting It, 2017 University of Arkansas, Fayetteville
What Good Is Religious Freedom? Locke, Rand, And The Non-Religious Case For Respecting It, Tara Smith
Arkansas Law Review
“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackson
Supreme Court Of The Roman Empire.Docx, 2017 University of British Columbia, Peter A. Allard School of Law
Supreme Court Of The Roman Empire.Docx, C.G. Bateman
Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', 2017 University of Dayton
Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo
Charles J. Russo
As expansive as the Supreme Court’s view of the First Amendment religion clauses has been, its jurisprudence has demonstrated that its rulings do not always achieve the outcomes desired by proponents of religious freedom.3 From the perspective of supporters of religious freedom, this realization lends credence to the preceding wry comment by Justice Scalia. This article details the Court’s inconsistent treatment of Christianity, and people of faith broadly, especially in educational settings. These inconsistent judicial outcomes run the risk of increasingly marginalizing matters of faith and conscience in the public square.4 As discussed in this article ...
Reutter’S The Law Of Public Education, 2017 University of Dayton
Reutter’S The Law Of Public Education, Charles J. Russo
Charles J. Russo
This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.
Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo
Charles J. Russo
Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously ...
The Law Of Public Education, 2017 University of Dayton
The Law Of Public Education, Charles J. Russo
Charles J. Russo
This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights. There are now two chapters on student rights. The author also includes Supreme Court opinions on strip searches of students, teacher bargaining and free speech rights.
Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo
Charles J. Russo
A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools1 to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,2 a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,3 the Court struck down the Defense of Marriage ...