Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 134

Full-Text Articles in Law

Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill Apr 2014

Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill

BYU Law Review

No abstract provided.


"And Should The First Be Last?", Malcolm D. Evans Apr 2014

"And Should The First Be Last?", Malcolm D. Evans

BYU Law Review

No abstract provided.


Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin Apr 2014

Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin

BYU Law Review

No abstract provided.


Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano Jan 2014

Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano

BYU Law Review

Foremost, this paper examines the current situation of the rights to religious freedom and democracy around the world, which deserve attention and concern. Civil liberties are currently in crossfire. This article examines the foundations of the right to religious freedom. Depending on the philosophical foundations, there are two different rationales for the right to religious freedom: liberal and anti-liberal. According to the liberal tradition, the best reason to protect religious freedom rests upon the autonomy of the individual conscience. It is clear that a constitutional democracy does not allow the establishment of any religion by the government, using either executive …


Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark Feb 2013

Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark

Faculty Scholarship

Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …


Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark Jan 2013

Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark

Faculty Scholarship

Religious freedom, among other human rights, has increasingly been restricted in Russia and Central Asia. Recent empirical research has shown that increased governmental regulation of religion causes increased social hostilities over religion and has shown the connections between religious freedom and numerous other civil rights and social goods. The U.S. government has particularly recognized the importance of religious freedom in Russia, mandating significant restrictions on aid based on the Russian interpretation of restrictive religion legislation passed in 1997. Since that time, however, virtually no attention has been given to draft legislation in this area in Russia and common trends seen …


Rising Restrictions On Religion: A Global Overview, Brian J. Grim Sep 2012

Rising Restrictions On Religion: A Global Overview, Brian J. Grim

BYU Law Review

No abstract provided.


Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin Sep 2012

Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin

BYU Law Review

No abstract provided.


Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui Sep 2011

Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui

BYU Law Review

No abstract provided.


Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman Sep 2011

Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman

BYU Law Review

No abstract provided.


Religion In Contemporary Legal Systems, Tahir Mahmood Sep 2011

Religion In Contemporary Legal Systems, Tahir Mahmood

BYU Law Review

No abstract provided.


The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe Sep 2011

The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe

BYU Law Review

No abstract provided.


Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto Sep 2011

Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto

BYU Law Review

No abstract provided.


Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping Sep 2011

Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping

BYU Law Review

No abstract provided.


All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen Dec 2010

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the Italian …


Defamation Of Religions: A Vague And Overbroad Theory That Threatens Basic Human Rights, Allison G. Belnap May 2010

Defamation Of Religions: A Vague And Overbroad Theory That Threatens Basic Human Rights, Allison G. Belnap

BYU Law Review

No abstract provided.


Secularity And Freedom Of Religion In Senegal: Between A Constitutional Rock And A Hard Reality, Fatou Kiné Camara, Abdourahmane Seck Mar 2010

Secularity And Freedom Of Religion In Senegal: Between A Constitutional Rock And A Hard Reality, Fatou Kiné Camara, Abdourahmane Seck

BYU Law Review

No abstract provided.


Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour Mar 2010

Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour

BYU Law Review

No abstract provided.


Feels Like Déjà Vu: An Australian Bill Of Rights And Religious Freedom, Paul Babie, Neville Rochow Mar 2010

Feels Like Déjà Vu: An Australian Bill Of Rights And Religious Freedom, Paul Babie, Neville Rochow

BYU Law Review

No abstract provided.


Religion And Law In Nepal , Kanak Bikram Thapa Mar 2010

Religion And Law In Nepal , Kanak Bikram Thapa

BYU Law Review

No abstract provided.


Introduction To Symposium: International Protection Of Religious Freedom: National Implementation Sep 2009

Introduction To Symposium: International Protection Of Religious Freedom: National Implementation

BYU Law Review

No abstract provided.


Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko Sep 2009

Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko

BYU Law Review

No abstract provided.


The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras Sep 2009

The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras

BYU Law Review

No abstract provided.


The Protection Of Religious Rights Under Australian Law , Denise Meyerson Sep 2009

The Protection Of Religious Rights Under Australian Law , Denise Meyerson

BYU Law Review

No abstract provided.


The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes Sep 2009

The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes

BYU Law Review

No abstract provided.


The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete Sep 2009

The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete

BYU Law Review

No abstract provided.


The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval Sep 2009

The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval

BYU Law Review

No abstract provided.


Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi Sep 2008

Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi

BYU Law Review

No abstract provided.


Problematic Issues Concerning The Freedom Of Association And Group/Collective Rights In The Republic Of Armenia, Shavarsh Khachatryan Sep 2007

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

BYU Law Review

No abstract provided.


The Globalization Of Human Rights And The Socialization Of Human Rights Norms, Christopher Marsh, Daniel P. Payne Sep 2007

The Globalization Of Human Rights And The Socialization Of Human Rights Norms, Christopher Marsh, Daniel P. Payne

BYU Law Review

No abstract provided.