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Articles 1 - 21 of 21
Full-Text Articles in Law
The Religious Employer Exemption Under Title Vii: Should A Church Define Its Own Activities?
The Religious Employer Exemption Under Title Vii: Should A Church Define Its Own Activities?
BYU Law Review
No abstract provided.
Kiss Of Death: Application Of Title Vii's Prohibition Against Religious Discrimination In The Kingdom Of Saudi Arabia, James D. Phipps
Kiss Of Death: Application Of Title Vii's Prohibition Against Religious Discrimination In The Kingdom Of Saudi Arabia, James D. Phipps
BYU Law Review
No abstract provided.
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Michigan Law Review
A Review of The Politics of Virtue: Is Abortion Debatable? by Elizabeth Mensch and Alan Freeman
The Multicultures Of Belief And Disbelief, Sanford Levinson
The Multicultures Of Belief And Disbelief, Sanford Levinson
Michigan Law Review
A Review of Battleground: One Mother's Crusade, the Religious Right, and the Struggle for Control of Our Classrooms by Stephen Bates and The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion by Stephen L. Carter
Beyond A Sour Lemon: A Look At Grumet V. Board Of Education Of The Kiryas Joel Village School District, Scott S. Thomas
Beyond A Sour Lemon: A Look At Grumet V. Board Of Education Of The Kiryas Joel Village School District, Scott S. Thomas
Brigham Young University Journal of Public Law
No abstract provided.
Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones
Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones
Brigham Young University Journal of Public Law
No abstract provided.
Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden
Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden
Brigham Young University Journal of Public Law
No abstract provided.
Religious Access To Public Programs And Government Funding, Dean M. Kelley
Religious Access To Public Programs And Government Funding, Dean M. Kelley
Brigham Young University Journal of Public Law
No abstract provided.
Religion, The First Amendment, And Public Education, Warren A. Nord
Religion, The First Amendment, And Public Education, Warren A. Nord
Brigham Young University Journal of Public Law
No abstract provided.
Religious Freedom Issues In Domestic Relations Law, Mitchell A. Tyner
Religious Freedom Issues In Domestic Relations Law, Mitchell A. Tyner
Brigham Young University Journal of Public Law
No abstract provided.
The Constitutionality Of High School Graduation Prayers Under Harris V. School District No. 241, Robert Phillips
The Constitutionality Of High School Graduation Prayers Under Harris V. School District No. 241, Robert Phillips
Brigham Young University Journal of Public Law
No abstract provided.
Ancient Works, Modern Dilemmas: The Dead Sea Scrolls Copyright Case, Lisa Michelle Weinstein
Ancient Works, Modern Dilemmas: The Dead Sea Scrolls Copyright Case, Lisa Michelle Weinstein
American University Law Review
No abstract provided.
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
Michigan Journal of International Law
This article will discuss in greater detail the profound defects of the Court's Zacarias decision. Section I will discuss the interpretation of key provisions of the 1980 Refugee Act, and describe the case of Jairo Elias Zacarias. Section II will review the plain language and legislative intent of the Act, including the congressional purpose of conforming to the 1967 Protocol. Section III will consider issues of burden of proof, and will examine the substantive impact which Zacarias has had on refugee cases. Section IV will focus on religious persecution as a paradigm of the inadequacy of an intent-based requirement and …
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
Michigan Journal of International Law
This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …
Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer
Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer
Michigan Journal of International Law
This article examines the recent trend proposing that Islam and Islamic culture mandate a distinctive approach to human rights. It offers critical assessments of selected civil and political rights in two recent products of this trend: (1) the 1990 Cairo Declaration on Human Rights in Islam, issued by the Organization of the Islamic Conference and endorsed by Iran and Saudi Arabia; and (2) the rights provisions in the Saudi Arabian Basic Law promulgated in 1992. These legislative initiatives will be examined in conjunction with constructs of an Islamic culture necessarily at odds with international human rights norms. These constructs have …
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
University of Richmond Law Review
Most rights considered by Americans to be "fundamental" are granted a special level of protection by the decisions of the United States Supreme Court. The standard is often described as "strict scrutiny" or "compelling interest." Under this standard of protection, a state must have more than just a good reason for writing legislation that encroaches upon its citizens' fundamental rights. Rather, the state must be able to prove a "compelling" interest in achieving some desired result, a result which necessitates the curtailment of fundamental rights. In 1990, however, the United States Supreme Court substantially restricted a right from this list: …
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
University of Richmond Law Review
The Virginia Workers' Compensation Act denies wage loss benefits to partially disabled employees who unjustifiably reject employment procured by their employer which is within their remaining work capacity. Section 65.2-510 of the Virginia Code provides that "[i]f an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in section 65.2-603 during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified." Essentially, unjustified refusal of selective employment within the employee's work capacity results in a suspension in wage loss benefits until the …
Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi
Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi
Michigan Journal of International Law
The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's deficiencies demonstrate …
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Michigan Journal of International Law
Review of Black Hundred: The Rise of the Extreme Right in Russia by Walter Laquer, and Free to Hate: The Rise of the Extreme Right in Russia by Paul Hockenos
What Hath Congress Wrought - An Interpretive Guide To The Religious Freedom Restoration Act, Thomas C. Berg
What Hath Congress Wrought - An Interpretive Guide To The Religious Freedom Restoration Act, Thomas C. Berg
Villanova Law Review
No abstract provided.
The Text Of The Free Exercise Clause As A Measure Of Employment Division V Smith And The Religious Freedom Restoration Act, Allan Ides
Washington and Lee Law Review
No abstract provided.