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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine
Touro Law Review
No abstract provided.