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Religion Law

Journal

1997

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Articles 1 - 16 of 16

Full-Text Articles in Law

Religious Fundamentalism And Legal Systems: Methods And Rationales In The Fight To Control The Political Apparatus, Andrew Paine Oct 1997

Religious Fundamentalism And Legal Systems: Methods And Rationales In The Fight To Control The Political Apparatus, Andrew Paine

Indiana Journal of Global Legal Studies

No abstract provided.


Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld Aug 1997

Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld

Michigan Law Review

Two months ago, the Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), handing down its most important church-state decision, and one of its most important federalism decisions, in fifty years. Through RFRA, Congress had prohibited any state actor from "substantially burden[ing] a person's exercise of religion" unless imposing that burden was the "least restrictive means" of furthering "a compelling governmental interest." RFRA was a response to Employment Division, Department of Human Resources of Oregon v. Smith, in which the Supreme Court abandoned the very same compelling interest test that RFRA mandated. Smith, overturning decades-old precedent, held …


Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons Jul 1997

Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons

University of Arkansas at Little Rock Law Review

No abstract provided.


Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa Jul 1997

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman Apr 1997

Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman

Indiana Law Journal

Symposium: Law and Civil Society


The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden Mar 1997

The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden

Washington International Law Journal

Because of Aum Shinri Kyô's terrorist attacks using sarin nerve gas, the Japanese government sought to revoke the religious cult's status as a religious corporation under the Religious Corporation Law. The Tokyo District Court found that, in setting up a sarin production facility, Aum had deviated from its purpose as a religious organization and had endangered the public welfare, thereby justifying an order of dissolution. The Tokyo High Court affirmed, but did not reach the issue of whether the dissolution order violated Aum's followers' right to freedom of religion as guaranteed by the Japanese Constitution. In affirming the dissolution order, …


Restoring Rights To Rites: The Religious Motivation Test And The Religious Freedom Restoration Act, Steven C. Seeger Mar 1997

Restoring Rights To Rites: The Religious Motivation Test And The Religious Freedom Restoration Act, Steven C. Seeger

Michigan Law Review

This Note argues that the religious motivation test best secures the religious liberty guaranteed by the Constitution and the RFRA. Part I examines the text and legislative history of the Act and establishes that Congress intended to protect religiously motivated practices. Part II argues that the free exercise case law prior to Smith, to which the RFRA explicitly appeals, did not require litigants to prove centrality or compulsion. Part III demonstrates that the religious motivation test protects the full spectrum of religious practices and religious groups, unlike the centrality test and the compulsion test. Part IV illustrates that the motivation …


Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong Jan 1997

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Michigan Journal of International Law

Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why each nation has chosen to structure itself as it has and why the imposition of U.S.-style secularism would be an inappropriate method of dealing with the religio-legal conflict in the two societies. Part II compares the fundamental or constitutional laws of the two nations by analyzing the provisions, policies, and practices most influenced by religion. After identifying and analyzing the laws themselves in Part …


The Supreme Court's Jurisprudence Of Religious Symbol And Substance, David L. Gregory, Charles J. Russo Jan 1997

The Supreme Court's Jurisprudence Of Religious Symbol And Substance, David L. Gregory, Charles J. Russo

Loyola University Chicago Law Journal

No abstract provided.


The Crucifix Case: Germany's Everson V. Board Of Education?, Lark E. Alloway Jan 1997

The Crucifix Case: Germany's Everson V. Board Of Education?, Lark E. Alloway

Penn State International Law Review

No abstract provided.


Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine Jan 1997

Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Fordham Urban Law Journal

Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …


Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang Jan 1997

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Indiana Law Journal

No abstract provided.


Defining Religious Tolerance: German Policy Toward The Church Of Scientology, Emily A. Moseley Jan 1997

Defining Religious Tolerance: German Policy Toward The Church Of Scientology, Emily A. Moseley

Vanderbilt Journal of Transnational Law

Members of the Church of Scientology face persecution from the German government and its citizens, raising international concern over the rights of religious minorities in a country determined to overcome its Nazi past. The German Constitution provides many protections for religious freedom and also allows a relatively close relationship between church and state. Historically, the German state has been closely intertwined with the traditionally dominant churches, and today Germans enjoy a great deal of freedom of religion. Until very recently, however, the Federal Constitutional Court has not upheld the similar freedom from religion guaranteed by the "establishment clause" in the …


Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat Jan 1997

Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat

UIC Law Review

No abstract provided.


Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi Jan 1997

Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi

Michigan Journal of International Law

This article critiques the rape laws of Pakistan from an Islamic point of view which is careful to include women's perspectives in its analysis. Unlike much of what is popularly presented as traditional Islamic law, this woman-affirming Islamic approach will reveal the inherent gender-egalitarian nature of Islam, which is too often ignored by its academics, courts, and legislatures. This article will demonstrate how cultural patriarchy has instead colored the application of certain Islamic laws in places like Pakistan, resulting in the very injustice which the Quran so forcefully condemns.


"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine Jan 1997

"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine

Touro Law Review

No abstract provided.