Law Commons^™

Gender-Based Religious Persecution, Pooja R. Dadhania

Faculty Scholarship

People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.

The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …

Determining Whether Female Circumcision Is A Human Rights Violation, Mahdiyyah Kasmani

Bridges: An Undergraduate Journal of Contemporary Connections

Female circumcision is a traditional practice commonly associated with culture, religion, or a mix of both. The aim of this paper is to evaluate the controversy surrounding female circumcision and determine whether this practice is justified or a violation of human rights. There are two main critiques of female circumcision as posed by the international community. The first critique is the health risks associated with the procedure and the second risk is the lack of consent within practicing communities. Due to these reasons, female circumcision is not only outlawed in most African countries with its disbandment supported by the African …

Kū Kia‘I Mauna: Protecting Indigenous Religious Rights, Joshua Rosenberg

Washington Law Review

Courts historically side with private interests at the expense of Indigenous religious rights. Continuing this trend, the Hawai‘i State Supreme Court allowed the Thirty- Meter-Telescope to be built atop Maunakea, a mountain sacred to Native Hawaiians. This decision led to a mass protest that was organized by Native Hawaiian rights advocates and community members. However, notwithstanding the mountain’s religious and cultural significance, Indigenous plaintiffs could not prevent construction of the telescope on Maunakea.

Unlike most First Amendment rights, religious Free Exercise Clause claims are not generally subject to strict constitutional scrutiny. Congress has mandated the application of strict scrutiny to …

The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar

Theses and Dissertations

In its efforts to integrate newly entering migrants into their societies, Europe has established integration policies that negatively impact these migrants, especially those from racialized backgrounds. The policies mask an agenda of securitization against outsiders who are falsely considered to be a danger to national security and national identity. Since the 9/11 attacks on the World Trade Center in the United States, many Western countries, including European countries, began to build a culture of fear against Muslims. Europe began to increasingly associate migrants with problems such as trafficking, radicalization, and terrorism. As a result, Europe began to treat migration as …

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Table Of Contents

Seattle University Law Review

Table of Contents.

When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria, Rachael Taylor

Indiana Journal of Global Legal Studies

In the fall of 2018, the European Court of Human Rights (ECtHR) issued a decision upholding the criminal conviction of an Austrian national (E.S.) in violation of Austria's Criminal Code against the disparagement of religious doctrines. Her initial conviction in the Austrian court was based on statements she made about the Prophet Muhammad while teaching a series of seminars entitled "Basic Information on Islam." In upholding her conviction, the ECtHR found that there had been no violation of the Austrian's right to freedom of expression under Article 10 of the European Convention for the Protection of Human Rights (Convention), and …

Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero

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

No abstract provided.

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

Constraint And Control, Patricia Ayres

Theses and Dissertations

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.

Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins

Mel Cousins

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.

The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver

Johan D van der Vyver

ABOUT THE ARTICLE This article identifies the rules of international humanitarian law that have a bearing on the Israeli offensive in Gaza. It first of all attempts to establish whether or not Israel remained an Occupying Power after its disengagement from the Gaza Strip in 2005. If due to the control Israel continued to exercise over border crossings, electricity and water supplies and the like, Israel is found to be de facto in occupation of Gaza, the Hamas responses would qualify as a war of liberation, which in terms of Protocol I to the Geneva Conventions of 12 August 1949 …

The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad

Zeina Jallad

The Power of the Body:

Analyzing the Logic of Law and Social Change in the Arab Spring

Abstract:

Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …

Latest Surveys And Polls On Bascule Of Religion And Belief In Both The United Kingdom And Iran, Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

Numerous surveys indicate that the proportion of individuals who do not hold religious beliefs is steadily increasing. Religions and beliefs are notoriously difficult to measure, as they are not fixed or innate, and therefore any poll should be primarily treated as an indication of beliefs rather than a concrete measure. However, one of the foremost respected measures of religious attitudes is the annual British Social Attitudes Survey, further details of the latest report may be found on NatCen’s website

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.

Verboten: Forbidden Homeschooling In Germany And Its Conflict With International Religious Freedom., Jacob A. Aschmutat

Jacob A Aschmutat

Germany maintains strict compulsory education laws that prevent families from educating their children at home. Germany strictly enforces these laws, with little regard to the families’ incentives to remove their children from the public schools. As such, these laws contain no exemption for families interested in homeschooling for religious purposes. The absence of such an exemption seems to contradict the internationally recognized right to religious freedom, a right concretely granted through three international treaties that Germany has both signed and ratified. Several decisions by the European Court of Human Rights give little to no credence to the notion of religious …

To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick

School of Peace Studies: Faculty Scholarship

American evangelicals have a history of engagement in social issues in general and anti-slavery activism in particular. The last 10 years have seen an increase in both scholarly attention to evangelicalism and evangelical focus on contemporary forms of slavery. Extant literature on this engagement often lacks the voices of evangelicals themselves. This study begins to fill this gap through a qualitative exploration of how evangelical and mainline churchgoers conceptualize both the issue of human trafficking and possible solutions. I extend Michael Young's recent work on the confessional schema motivating evangelical abolitionists in the 1830s. Through analysis of open-ended responses to …

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.

When Art Becomes Free: On Artistic In-Expression & Personal Convictions, Amir H. Khoury

Amir Khoury

In this paper I argue that just as there are moral rights in copyright law, which secure attribution and integrity, so too, there should be 'inverse' moral rights that can protect artists from being impelled or compelled to create in the first place. This research comes against the backdrop of one of the most contentious issues in the Western world today, that pertaining to same-sex marriage. But the discussion applies to all other fields where creativity finds itself in a battle over personal convictions. In my view, the inverse moral rights construct is the true reflection of the extent of …

A "Bare ... Desire To Harm?" Marriage And Catholic Conscience Post - Windsor, Helen M. Alvare

helen m alvare

No abstract provided.

The Right To An Exclusively Religious Education – The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler

Gila Stopler

The ultra-Orthodox Jewish community in Israel has its own separate education system which is funded by the state and in which boys are given an exclusively religious education with almost no exposure to secular subjects or to civic education. At the same time that the Israeli Supreme Court was scheduled to rule that the state may not continue to fund ultra-Orthodox private schools that do not teach the national core curriculum the Israeli parliament passed the Unique Cultural Educational Institutions Act which upholds the right of the ultra–Orthodox community to give their boys an exclusively religious education funded by the …

"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson

K Benson

Anwar al-Awlaki was the first American citizen to be targeted for extrajudicial assassination by the Obama administration. While scholarly attention has focused on legality of his killing under domestic law, his status as a chaplain under International Humanitarian Law (IHL) has gone unexamined. The possibility that Anwar al-Awlaki may have been a protected person as a chaplain has profound ramifications for the legality of his killing and for the conduct of the war on terror more generally. As the definition of a "Chaplain" under IHL is under-developed at best and vague at worst, ideologues such as Mr. al-Awlaki operate in …

The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson

International Law Studies

No abstract provided.

Deciphering The Divine: An Unmasking Of Islamic Law, Hamid Khan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin

Peter G. Danchin

This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark however — at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion” — in whatever form that religion may take. In the asylum context, then, “religion” must be …

Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer

Joe Custer

This paper considers a research suggestion from Cass Sunstein to analyze segregation cases from the 1960's and 1970's and whether three hypothesis he projected in the article "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation," 90 Va. L. Rev. 301 (2004), involving various models of judicial ideology, would pertain. My paper considers Sunstein’s three hypotheses in addition to other judicial ideologies to try to empirically determine what was influencing Federal Court of Appeals Judges in regard to Civil Rights issues, specifically school desegregation, in the 1960’s and 1970’s.

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 …

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

Elizabeth A. Clark