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The Lautsi Decision As Seen From (Christian) Europe, Pierre-Henri Prelot 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, William P. Marshall 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, JHH Weiler 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, Malick W. Ghachem 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, John M. Greabe 2017 University of New Hampshire School of Law

The Tension Between Equal Protection And Religious Freedom, John M. Greabe

Legal Scholarship

[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 2017 Penn State Law

Intellectual Property Rights In The Kingdom Of Saudi Arabia In Light Of Sharia And The Trips Agreement, Abdulrahman Alabdulkarim

SJD Dissertations

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 French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry 2017 Cornell Law School

The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry

Cornell Law Faculty Publications

After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the "burkini" on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally ...


Clark Memorandum: Spring 2017, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society of the J. Reuben Clark Law School 2017 Brigham Young University Law School

Clark Memorandum: Spring 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Of The J. Reuben Clark Law School

The Clark Memorandum


The Secular Benefits Of Comparative Religious Education, Wen Jie (Fred) Tan 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 ...


Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. McDonnell 2017 University of Minnesota Law School

Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell

Washington and Lee Law Review

No abstract provided.


Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman 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, Leslie Gielow Jacobs, Alan Brownstein 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, Tara Smith 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, C.G. Bateman 2017 University of British Columbia, Peter A. Allard School of Law

Supreme Court Of The Roman Empire.Docx, C.G. Bateman

C.G. Bateman


 


Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo 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, Charles J. Russo 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 2017 University of Dayton

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, Charles J. Russo 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 2017 University of Dayton

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 ...


'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?, Charles J. Russo 2017 University of Dayton

'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?, Charles J. Russo

Charles J. Russo

The United States Congress passed the Equal Access Act (EAA)1 and forwarded it to President Ronald W. Reagan, who signed it into law on August 11, 1984.2 The EAA was enacted in response to Widmar v. Vincent, 3 a 1980 Supreme Court case from higher education where the Justices ushered in a renaissance of sorts in religious liberty. In Widmar, treating religious expression as a subset of free speech,4 the Court ruled that officials at a state university in Missouri could not deny a Christian group access to institutional facilities so long as the university permitted other ...


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