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3,205 full-text articles. Page 7 of 83.

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe 2017 Brooklyn Law School

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Excluding Religion, Nelson Tebbe 2017 Selected Works

Excluding Religion, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Religion And Social Coherentism, Nelson Tebbe 2017 Brooklyn Law School

Religion And Social Coherentism, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi Liu 2017 J.D. Student, Harvard Law School

Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi Liu

Montana Law Review

Applying Strict Scrutiny: An Empirical Analysis of Free Exercise Cases


Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella 2017 Seton Hall Law School

Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella

West Virginia Law Review

No abstract provided.


Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison 2017 Northwestern University Pritzker School of Law

Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison

Northwestern University Law Review

For much of the last forty years, ERISA’s church plan exemption has existed quietly without much fanfare. But increased litigation over the last five years has dragged the exemption into the spotlight. The litigation focuses on religiously affiliated hospital systems and whether their pension plans have been correctly classified as church plans exempt from ERISA.

This Note examines the history behind the church plan exemption, including statutory modifications made in 1980 and the IRS’s longstanding interpretation of these changes, which precipitated the dispute at issue in the current wave of litigation. While the U.S. Supreme Court’s ...


Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust 2017 Brigham Young University Law School

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust

BYU Law Review

The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an ...


Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene 2017 Brigham Young University Law School

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.


Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc 2017 Florida Coastal School of Law

Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine 2017 Touro Law Center

Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine

Samuel J. Levine

In recent years, Jewish law has gained significant prominence in American legal scholarship, producing a substantial body of literature exploring the Jewish legal system, both on its own terms and in comparative perspective. In particular, the past few decades have seen a marked increase in the number of articles published in American law reviews addressing substantive, procedural, and conceptual aspects of Jewish law, often in the context of broader considerations of important, unsettled, and controversial issues in American legal thought.In the past, a number of scholars have compiled bibliographies collecting and, at times, briefly annotating, lists of selected works ...


La Vida Y Andanzas De Un Libro Antiguo En Nueva España Y La Península Ibérica. Cultura Escrita En La Obra Hierofánica Del Doctor Don Alonso Alberto De Velasco, Raul Manuel Lopez Bajonero 2017 The University of Western Ontario

La Vida Y Andanzas De Un Libro Antiguo En Nueva España Y La Península Ibérica. Cultura Escrita En La Obra Hierofánica Del Doctor Don Alonso Alberto De Velasco, Raul Manuel Lopez Bajonero

Electronic Thesis and Dissertation Repository

In 1688 a legal text, Renovación, was printed in Mexico City, the capital of the Viceroyalty of New Spain, that explains a twelve year trial that focuses on determining if a 16th century sculpture miraculously renewed itself. The final decision came from the Archbishop of Mexico City. A year after the book’s publication, the sculpture was recognized as miraculous. In 1699, ten years after this event, the author of Renovación wrote another book that narrates the same sculpture's history, Exaltación, but addressed a wider audience, and from a religious and pious perspective. The Exaltación was republished a ...


Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky 2017 Selected Works

Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky 2017 Selected Works

A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs 2017 Brigham Young University Law School

Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs

BYU Law Review

No abstract provided.


The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’ 2017 Brigham Young University Law School

The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’

BYU Law Review

No abstract provided.


The Agreements Between Church And State: The Italian Perspective, Elena Ervas 2017 Brigham Young University Law School

The Agreements Between Church And State: The Italian Perspective, Elena Ervas

BYU Law Review

This Article explores the recent approach of the Italian Constitutional Court regarding agreements between the Italian State and religious denomination, which regulate matters of common interest. The Italian approach is compared to the contemporary approach of the Spanish legal system. The Italian approach grants strong discretion in favor of the Government in this context, but by doing so, it risks inadequately protecting the religious freedom of religious denominations in light of current jurisprudence. Moreover, the broad discretion given to the Italian government seems not to be in line with the current jurisprudence of the European Court of Human Rights in ...


Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi 2017 Brigham Young University Law School

Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi

BYU Law Review

Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices ...


The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani 2017 Brigham Young University Law School

The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani

BYU Law Review

No abstract provided.


On Health, Law, And Religion, Stacey A. Tovino 2017 University of Nevada, Las Vegas School of Law

On Health, Law, And Religion, Stacey A. Tovino

Washington and Lee Law Review

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman’s Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court’s recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a wide ...


Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. TAN 2017 Singapore Management University

Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan

Research Collection School Of Law

On July 6, 2010, Singapore's Internal Security Department (ISD) announced that a “self-radicalized,” full-time national serviceman had been detained under the Internal Security Act (ISA) since April 4, 2010. Muhammad Fadil bin Abdul Hamid (Fadil), age 20, would be detained under the ISA for two years in the first instance. According to the media statement, Fadil had become convinced that “it was his religious duty to undertake armed jihad alongside fellow militants and strive for martyrdom.” According to local media reports, Fadil was the sixth known case of self-radicalization. Fadil was subsequently released on a Restriction Order on April ...


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