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Springtime For Freedom Of Religion Or Belief: Will Newly Democratic Arab States Guarantee International Human Rights Norms Or Perpetuate Their Violation?, Robert C. Blitt

Book Chapters

The Arab Spring has generated unprecedented and seismic political and social upheaval across the Arab world. The reasons for the outbreak of widespread and vociferous public protest are myriad, but generally understood as including long-simmering resentment of government corruption and repression, underwhelming economic development, chronic unemployment and poor respect for human rights, including the treatment of individuals and groups affiliated with political manifestations of Islam. Despite the initial drama surrounding the street rallies, two years on, the pace of change has grown fitful and uncertain.

The purpose of this chapter is to consider one narrow aspect of the Arab Spring. …

Demanding The Angels’ Share: Intellectual Property And Spiritual Organization In The Urantia Foundation, Andrew Ventimiglia

Studio for Law and Culture

This article explores the role that intellectual property plays as it shapes the circulation and use of ‘The Urantia Book,’ a divinely revealed text published in 1955 and embraced by a community of believers. For many modern spiritual communities – of which the Urantian community is a telling example – their coherence no longer lies in a centralized institution like the church but instead in a shared dedication to sacred texts and other religious media. Thus, intellectual property has become an effective means to administer the ephemeral beliefs and practices mediated by these texts. This article explores a number of …

Interfaith Dialogue In Spain—Religious Mediation: A Brief Analysis Of Spain's Religious Liberty Law, José Ferrer Sánchez

BYU Law Review

No abstract provided.

Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz

BYU Law Review

No abstract provided.

The Impact Of The Arab Spring On Islamist Strategies, Ioana E. Matesan

Journal of Strategic Security

The revolutions in Tunisia and Egypt created a contagion effect that inspired a series of uprisings by sending two signals: first, that even entrenched authoritarian regimes are vulnerable; and second, that nonviolent tactics can be effective in bringing about dramatic political changes. Subsequent developments, especially in Libya and Syria, convoluted these messages. Nonetheless, the political openings and the electoral victory of Islamists in Egypt and Tunisia continue to send the signal to many Islamist opposition groups that nonviolent means and participation in politics can be effective ways to produce political change. The chance of gaining power through electoral means can …

Protecting The Space To Be Unveiled: Why France's Full Veil Ban Does Not Violate The European Convention On Human Rights, Bridgette Dunlap

Fordham International Law Journal

No abstract provided.

Changing Workforce Demographics And The Future Of The Protected Class Approach, Nancy Levit

Faculty Works

The composition and identity characteristics of the American workforce are changing. The population in this country is rising, aging, and becoming much more racially and ethnically diverse. Appearance norms are shifting too. These changes have enormous implications for constitutional and employment discrimination law. In both equal protection and employment discrimination cases, recovery usually depends on membership in a constitutionally or statutorily protected category. Yet the statutory approach to anti-discrimination law has stagnated. Part of the difficulty of the protected class approach is that it is based on something of a paradox — the paradox of exceptionalism. Class-based protection requires individuals …

The Body Of The Goddess: Women’S Trans-National And Cross-Religion Eco-Spiritual Activism, Laura Corradi

Societies Without Borders

A counter-tendency to the virtualization of social relations and the deepening of the separation between body, mind and spirit may be represented by the re-birth of Goddesses’ worship, which calls for a re-embodiment of women’s spirituality and feminist politics. This work starts from representations of the body of the Goddess – in different ages and parts of the world – in their relation with the four elements. Through the iconological analysis of female divinities we realize that each of them also represents specific aspects of womanhood. An exploratory research on the contemporary religious experience of the Goddess indicates the existence …

Radicalization Into Violent Extremism I: A Review Of Social Science Theories, Randy Borum

Journal of Strategic Security

In discourse about countering terrorism, the term "radicalization" is widely used, but remains poorly defined. To focus narrowly on ideological radicalization risks implying that radical beliefs are a proxy—or at least a necessary precursor—for terrorism, though we know this not to be true.Different pathways and mechanisms of terrorism involvement operate in different ways for different people at different points in time and perhaps in different contexts. This article explores the problems in defining radicalization and radicalism, and suggests that radicalization—and more specifically, involvement in terrorism—might best be viewed as a set of diverse processes. It goes on to review several …

Genocidal Religion, Steven Leonard Jacobs

Journal of Hate Studies

There is no more egregious hateful behavior than that of genocide. There is no more uncomfortable thought than that of religion as a participating factor in the perpetration of genocide, though religious studies scholars come late to any discussion of genocide. This paper, an initial foray into a much longer and more in-depth book-length project, and whose author is desirous of collegial feedback ([email protected]), is a preliminary conversation addressing four precipitating factors: (1) tribalism, (2) religious exclusivism, (3) privileged access to the divine, and (4) a particularistic and parochial reading of sacred texts. It will also attempt, by way of …

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman

Faculty Scholarship

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce a …

Citizenship Privilege Or The Right To Religious Freedom: The Blackmailing Of France's Islamic Women, Yael Barbibay

Cardozo Journal of International and Comparative Law

The note examines the tension between France's commitment to laïcité and the rights of Islamic immigrants, particularly women, to religious freedom and cultural identity. It critiques the denial of citizenship to Faiza Mabchour, arguing that such decisions reflect a broader effort to suppress Islamic practices and undermine pluralism. The analysis contends that France's rigid application of laïcité violates international human rights norms, particularly the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). The article advocates for a more inclusive approach to citizenship that balances secularism with religious freedom and cultural diversity.

The Doctrine Of Religious Freedom, W. Cole Durham Jr.

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on April 3, 2001.

The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens

Cardozo Law Review

No abstract provided.

Religion And Jacksonian America, Keith E. Whittington

Schmooze 'tickets'

No abstract provided.

Toward A More "Courageous Politics" At The 60th Anniversary Of The Udhr: Talking About Muslim Fundamentalism In The West, Karima Bennoune

Maryland Journal of International Law

No abstract provided.

The Apostle, Mr. Justice Jackson, And The "Pathological Perspective" Of The Free Exercise Clause, Ronald J. Krotoszynski, Jr.

Washington and Lee Law Review

No abstract provided.

Problematic Issues Concerning The Freedom Of Association And Group/Collective Rights In The Republic Of Armenia, Shavarsh Khachatryan

BYU Law Review

No abstract provided.

French Headscarves And The U.S. Constitution: Parents, Children, And Free Exercise Of Religion, Christina A. Baker

Cardozo Journal of Equal Rights & Social Justice

The note examines the 2004 French law banning conspicuous religious symbols in public schools, highlighting its roots in France's unique secularist tradition (laïcité) and its implications for religious freedom. It contrasts this approach with the U.S., where the First Amendment would likely prevent such a ban, emphasizing the importance of protecting religious liberty to safeguard broader societal freedoms. The analysis underscores the differing legal and cultural frameworks between France and the U.S. in balancing secularism and religious expression.

The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker

Duke Journal of Comparative & International Law

No abstract provided.

Religious Freedom And Human Rights In South Africa After 1996: Responses And Challenges, Cornel W. Du Toit

BYU Law Review

No abstract provided.

The Questionable Grounds Of Objections To Proselytism And Certain Other Forms Of Religious Expression, Paul M. Taylor

BYU Law Review

No abstract provided.

Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer

Missouri Law Review

Section I provides a brief overview of the significance of group status generally and its traditional relevance and usage within the criminal justice system. This discussion places the novel, defense-oriented approach to group status in a proper historical and analytical context. Section II begins by sketching a generally accepted system of defenses and placing general defenses within this context. It next describes the proper understanding of justification and excuse, the two preeminent theories for exculpatory general defenses. This complicated and often-contentious area of law is exposited here only insofar as it is necessary to lay the groundwork for the critique …

The Freedom To Manifest Religious Belief: An Analysis Of The Neccesity Clauses Of The Iccpr And The Echr, Todd Parker

ExpressO

This paper examines Article 18 of the International Covenant on Civil and Political Rights and Article 9 of the European Convention on Human Rights. Both documents affirm freedom of religion as a fundamental human right, yet both recognize the need for restrictions on freedom of religion when “necessary.” The paper discusses the text of Articles 18 and 9, as well as European Court of Human Rights and Human Rights Committee cases interpreting and applying the Articles. The paper then analyzes several current laws restricting religious freedom on necessity grounds as to whether the restrictions are legitimate or illegitimate under the …

The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.

Religion In The Public Sphere: Challenges And Opportunities In Ghanaian Lawmaking, 1989-2004, Elom Dovlo

BYU Law Review

No abstract provided.

Constitutional Conversations And New Religious Movements: A Comparative Case Study, Leigh H. Greenhaw, Michael H. Koby

Vanderbilt Journal of Transnational Law

Using the metaphor of a constitutional conversation to compare the treatment of a relatively new and unpopular religion by the legal systems of the United States, Russia, and Spain, this Article examines the methodology by which laws affecting religion are made and enforced. It uses as a case study the interaction of the Jehovah's Witnesses with the legal system of the United States, comparing it with more recent interactions in Russia and Spain. The Authors argue that while the experience in the United States was profoundly influenced by a common-law methodology, the experience in two civil-law countries, Russia and Spain, …

Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari

BYU Law Review

No abstract provided.

New Religious Movements And The Problem Of Extremism In Modern Russia, Veronika V. Kravchouk

BYU Law Review

No abstract provided.