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Articles 1 - 30 of 77
Full-Text Articles in Law
Gender-Based Religious Persecution, Pooja R. Dadhania
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
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
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
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.
When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria, Rachael Taylor
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
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
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Constraint And Control, Patricia Ayres
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
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
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
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 …
Latest Surveys And Polls On Bascule Of Religion And Belief In Both The United Kingdom And Iran, Mohamad Ali Ali Yousefkhani Mr
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
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.
To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick
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
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.
"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson
"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
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
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
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
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 …
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
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
Religions As Sovereigns: Why Religion Is "Special", Elizabeth A. Clark
Elizabeth A. Clark
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
Faculty Scholarship
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 …
Should Public Buildings Be Used For Worship, Stephen Wermiel
Should Public Buildings Be Used For Worship, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
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 …
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth A. Clark
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth A. Clark
Elizabeth A. Clark
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Faculty Scholarship
This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …