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Full-Text Articles in Law

Clark Memorandum: Fall 2010, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2010

Clark Memorandum: Fall 2010, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


The First Amendment’S Religion Clauses: The Calvinist Document That Interprets Them Both, Leah Farish Esq. Jul 2010

The First Amendment’S Religion Clauses: The Calvinist Document That Interprets Them Both, Leah Farish Esq.

College of Arts and Cultural Studies Faculty Research and Scholarship

This paper suggests that the Westminster Confession of Faith's provisions about church and state, revised in Philadelphia at the start of the Constitution's ratifying convention, furnished much of the syntax and vocabulary for the First Amendment's religion clauses. Recognizing the cultural links between the new American government and the Presbyterian Church, the author argues that it was natural for the founders to look to how the new Westminster Confession situated church and state. The author argues that Fisher Ames's proposed wording for the First Amendment won immediate adoption because it resonated with the Confession, standing as it did in that …


Clark Memorandum: Spring 2010, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2010

Clark Memorandum: Spring 2010, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


In Search Of New Believers: How The Guatemalan Religious Panorama Has Changed In Recent Decades, Hugo Leonel Ruano Mar 2010

In Search Of New Believers: How The Guatemalan Religious Panorama Has Changed In Recent Decades, Hugo Leonel Ruano

BYU Law Review

No abstract provided.


Christian Realism And Immigration Reform, Victor C. Romero Jan 2010

Christian Realism And Immigration Reform, Victor C. Romero

Journal Articles

Drawing upon President Barack Obama’s admiration of Reinhold Niebuhr’s work, this Essay outlines a Protestant, Christian realist approach toward immigration policy, with specific focus on the role of the executive in providing providential leadership. Embracing realism in its political, moral, and theological dimensions, Christian realism offers a pragmatic, yet optimistic, alternative to secular liberalism’s faith in reason by striving instead to adhere to God’s guidance on matters, taking into account the fundamentally flawed nature of man. The specific policy prescriptions described here mirror the twin virtues of Christian realism by promoting the hope in pursuit of the peaceable kingdom and …


Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner Dec 2009

Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner

Lorin C. Geitner

A survey of the different patterns of the relationship between of law to religion (and vice versa) in the course of world history, in order to provide historical and legal context and argue for the notion that the United States, truly, a secular society, but rather a religiously pluralistic one.