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Articles 31 - 34 of 34
Full-Text Articles in Law
"Secular Humanism" And The Definition Of Religion: Extending A Modified "Ultimate Concern" Test To Mozert V. Hawkins County Public Schools And Smith V. Board Of School Commissioners, Craig A. Mason
Washington Law Review
This Comment defends an expansive definition of religion which is uniform under the establishment clause and under the free exercise clause. This Comment, to effect this expansion, constructs empirical indicators of religion for use in establishment clause cases. This proposed approach distinguishes science from values and philosophies, and only the latter two might be called "secular humanism." This distinction incorporates longstanding Supreme Court jurisprudence allowing the teaching of evolution." Expanding religious protection under the free exercise clause made a balancing approach necessary.'" Similarly, using an expansive definition of religion to broaden the scope of the establishment clause will require more …
Constitutional Law—Freedom Of Religion—Compulsory School Attendance Law: State Interests Balanced Against Beliefs Of Members Of The Amish Faith—State V. Yoder, 49 Wis.2d 430, 182 N.W.2d 539, Cert. Granted, 402 U.S. 994 (1971), Anon
Washington Law Review
Defendants, members of the Old Order Amish religion and of the Conservative Amish Mennonite Church, refused to enroll their children, eighth-grade public school graduates, in public high school and were subsequently convicted of violating the Wisconsin Compulsory School Attendance Law. The trial court held the attendance law to be a reasonable exercise of a governmental function of the state even though the law interfered with the defendants' sincere religious beliefs. The convictions and assessments of fines were affirmed by the circuit court. On appeal, the Wisconsin Supreme Court reversed. Held: The Wisconsin Compulsory School Attendance Law, as applied to the …
Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon
Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon
Washington Law Review
In two separate instances adult Jehovah's Witnesses were admitted to hospitals with severe internal bleeding. Doctors in each instance determined that blood transfusions were required to save the patient's life. Each patient refused to consent to transfusions because of his religious beliefs. In one case the patient, who had no minor children, was pronounced incompetent, a conservator to consent to transfusion was appointed by the court, and the transfusion was administered. On appeal, the Illinois Supreme Court reversed. Held: An adult who has no minor children cannot be compelled to take lifesaving blood transfusions against his religious objection. In re …
The Douglas Concept Of God In Government, Leonard F. Manning
The Douglas Concept Of God In Government, Leonard F. Manning
Washington Law Review
Could it be that the protests provoked by Engel were engendered not so much by what the Court held or by what Mr. Justice Black wrote as they were by the absolutist, all-encompassing sweep of Mr. Justice Douglas' concurring opinion? After all, Mr. Justice Douglas had been the author of "accommodations" for religion" and he had quite clearly and forthrightly proclaimed that "We are a religious people whose institutions presuppose a Supreme Being." But now in Engel, as though there were more fundamental questions which demanded more fundamental answers, Mr. Justice Douglas suddenly "grew half sick of shadows" and gave …