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Articles 1 - 30 of 36
Full-Text Articles in Law
A Broken Promise: The Continued Use Of Virginity Control Examinations In Turkey, D. Christopher Decker
A Broken Promise: The Continued Use Of Virginity Control Examinations In Turkey, D. Christopher Decker
Buffalo Human Rights Law Review
No abstract provided.
A Response To Professor Rubenfeld, Jonathan D. Hacker
A Response To Professor Rubenfeld, Jonathan D. Hacker
Michigan Law Review
Professor Jed Rubenfeld has offered in these pages an ingenious explanation for why the Supreme Court was right to strike down the Religious Freedom Restoration Act (RFRA) in City of Boerne v. Flores. Rubenfeld finds in the First Amendment's Establishment Clause a historical and inherent principle he calls "antidisestablishmentarianism": a prohibition on acts of Congress that "disestablish" religion in the several states. Rubenfeld reads the Establishment Clause as proscribing not only congressional acts that "establish" religion but also all congressional acts that "dictate a position on religion for states," including laws designed to ensure that states abide by the requirements …
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Michigan Law Review
To get right to the point: Mr. Hacker does not disagree that the Establishment Clause would, in the absence of the Fourteenth Amendment, have prohibited Congress from passing a nationwide religion law like RFRA. He believes, however, that the Fourteenth Amendment has in part repealed the First. Of course, he doesn't want to say repealed. The language of repeal is not pleasant to the ears of those who would like to forget about First Amendment antidisestablishmentarianism. The Fourteenth Amendment did not "repeal any aspect of the text of the [Establishment] Clause," Hacker says, but only "change[d] profoundly the meaning of …
Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson
Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson
BYU Law Review
No abstract provided.
The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa
The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa
BYU Law Review
No abstract provided.
The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes
The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes
BYU Law Review
No abstract provided.
Relations With Religious Minorities: The Spanish Model, Alberto De La Hera
Relations With Religious Minorities: The Spanish Model, Alberto De La Hera
BYU Law Review
No abstract provided.
The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr.
The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr.
BYU Law Review
No abstract provided.
Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite
Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite
BYU Law Review
No abstract provided.
Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird
Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird
BYU Law Review
No abstract provided.
External Monitoring Of Domestic Religious Liberties, Michael Young
External Monitoring Of Domestic Religious Liberties, Michael Young
BYU Law Review
No abstract provided.
Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner
Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner
BYU Law Review
No abstract provided.
Christianity And Islam: Lessons From Africa, J. Paul Martin
Christianity And Islam: Lessons From Africa, J. Paul Martin
BYU Law Review
No abstract provided.
Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas
Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas
BYU Law Review
No abstract provided.
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
BYU Law Review
No abstract provided.
Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret
Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret
Michigan Law Review
In 1988, Jeffrey Kendall and Barbara Zeitler Kendall were married. Though Jeffrey was Catholic at the time and Barbara was Jewish, the couple agreed to raise their children in Barbara's faith. In 1991, Jeffrey joined Boston Church of Christ, a fundamentalist Christian church. The tenets of that faith include a belief that those who do not accept Jesus Christ are damned to Hell, where there will be "weeping and gnashing of teeth." Barbara's faith also underwent a change during the marriage: she became an Orthodox Jew. Citing irreconcilable differences, the Kendalls sought a divorce in November, 1994. Before their marriage …
Religious Freedom And Zoning, Helen M. Maher
Religious Freedom And Zoning, Helen M. Maher
Buffalo Environmental Law Journal
No abstract provided.
Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett
Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett
University of Arkansas at Little Rock Law Review
No abstract provided.
Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle
University of Arkansas at Little Rock Law Review
No abstract provided.
The Constitutional Rhetoric Of Religion, Marci A. Hamilton
The Constitutional Rhetoric Of Religion, Marci A. Hamilton
University of Arkansas at Little Rock Law Review
No abstract provided.
The Constitutional Future Of Religious Freedom Legislation, Thomas C. Berg
The Constitutional Future Of Religious Freedom Legislation, Thomas C. Berg
University of Arkansas at Little Rock Law Review
No abstract provided.
The Failure Of Rfra, Ira C. Lupu
The Failure Of Rfra, Ira C. Lupu
University of Arkansas at Little Rock Law Review
No abstract provided.
Requiem For Rfra: A Philosophical And Political Response, J. Thomas Sullivan
Requiem For Rfra: A Philosophical And Political Response, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
The Death And Resurrection Of Rfra: Integrating Lopez And Boerne, John M.A. Dipippa
The Death And Resurrection Of Rfra: Integrating Lopez And Boerne, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—First Amendment And Establishment Clause—The Wall Of Separation Crumbles. Agostini V. Felton, 117 S. Ct. 1997 (1997)., Missy Mcjunkins
Constitutional Law—First Amendment And Establishment Clause—The Wall Of Separation Crumbles. Agostini V. Felton, 117 S. Ct. 1997 (1997)., Missy Mcjunkins
University of Arkansas at Little Rock Law Review
No abstract provided.
The Future Of Islamic Legal Arguments In International Boundary Disputes Between Islamic States, William Samuel Dickson Cravens
The Future Of Islamic Legal Arguments In International Boundary Disputes Between Islamic States, William Samuel Dickson Cravens
Washington and Lee Law Review
No abstract provided.
The Legality Of The Religious Use Of Peyote By The Native American Church: A Commentary On The Free Exercise, Equal Protection, And Establishment Issues Raised By The Peyote Way Church Of God Case, John Thomas Bannon Jr.
The Legality Of The Religious Use Of Peyote By The Native American Church: A Commentary On The Free Exercise, Equal Protection, And Establishment Issues Raised By The Peyote Way Church Of God Case, John Thomas Bannon Jr.
American Indian Law Review
No abstract provided.
A Jewish Look At Lawyering Ethics A Preliminary Essay, Steven H. Resnicoff
A Jewish Look At Lawyering Ethics A Preliminary Essay, Steven H. Resnicoff
Touro Law Review
No abstract provided.
Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth
Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth
Vanderbilt Journal of Transnational Law
We will never face Germany's specific problems of religion and government, arising as they do from its particular history. The sharply contested religion cases from Germany in the late 1990s do, however, point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. To understand the problems of funding religious groups in neutral programs, we must back up and ask the foundational question: what goals may the government pursue with its funding? The broader those goals are defined, the greater the potential distortion of private religious choice, through …