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Articles 1 - 25 of 25
Full-Text Articles in Law
The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen
The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen
Indiana Journal of Global Legal Studies
No abstract provided.
Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann
Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann
BYU Law Review
No abstract provided.
Uzbekistan: Islam, Communism, And Religious Liberty--An Appraisal Of Uzbekistan's 1998 Law "On Freedom Of Conscience And Religious Organizations", Grant Garrard Beckwith
Uzbekistan: Islam, Communism, And Religious Liberty--An Appraisal Of Uzbekistan's 1998 Law "On Freedom Of Conscience And Religious Organizations", Grant Garrard Beckwith
BYU Law Review
No abstract provided.
Zoned For Residential Uses"-Like Prayer? Home Worship And Municipal Opposition In Leblanc-Sternberg V. Fletcher, John M. Smith
Zoned For Residential Uses"-Like Prayer? Home Worship And Municipal Opposition In Leblanc-Sternberg V. Fletcher, John M. Smith
BYU Law Review
No abstract provided.
A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn
A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn
BYU Law Review
No abstract provided.
The Nature And Minimum Standards Of Freedom Of Religion Or Belief, Natan Lerner
The Nature And Minimum Standards Of Freedom Of Religion Or Belief, Natan Lerner
BYU Law Review
No abstract provided.
Church And State In Western Europe And The United States: Principles And Perspectives, Sophie C. Van Bijsterveld
Church And State In Western Europe And The United States: Principles And Perspectives, Sophie C. Van Bijsterveld
BYU Law Review
No abstract provided.
The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii
The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii
BYU Law Review
No abstract provided.
Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith
Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith
BYU Law Review
No abstract provided.
The Development Of Religious Liberty In Chile, 1973-2000, Patrick J. Thurston
The Development Of Religious Liberty In Chile, 1973-2000, Patrick J. Thurston
BYU Law Review
No abstract provided.
Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie
Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie
BYU Law Review
No abstract provided.
Chandler V. James: Welcoming Student Prayer Back In The Schoolhouse Gate, Sarah Beth Mabery
Chandler V. James: Welcoming Student Prayer Back In The Schoolhouse Gate, Sarah Beth Mabery
Mercer Law Review
In Chandler v. James, the Eleventh Circuit Court of Appeals vacated the district court's order permanently enjoining enforcement of an Alabama statute that permitted student-initiated religious speech in public schools. The court of appeals concluded that permitting student initiated religious speech did not violate the Establishment Clause and such speech is protected by the Free Exercise and Free Speech Clauses of the First Amendment.
The Search For A Distinct Religious-Liberty Jurisprudence Under The Washington State Constitution, Katie Hosford
The Search For A Distinct Religious-Liberty Jurisprudence Under The Washington State Constitution, Katie Hosford
Washington Law Review
Article I, Section 11, of the Washington Constitution, titled "Religious Freedom," provides more protection for free exercise of religion and the separation of church and state than the First Amendment to the U.S. Constitution. Because the state constitution provides broader protection for each right, a natural tension arises between the two rights. However, rather than relying on the text of the state constitution, the Supreme Court of Washington has imposed an entirely federal analysis on free exercise cases brought under Washington law. In addition, the establishment cases under Article I, Section 11, have inconsistently interpreted the language of the state …
Assessing Agostini V. Felton In Light Of Lemon V. Kurtzman: The Coming Of Age In The Debate Between Religious Affiliated Schools And State Aid, R. Craig Wood, Michael C. Petko
Assessing Agostini V. Felton In Light Of Lemon V. Kurtzman: The Coming Of Age In The Debate Between Religious Affiliated Schools And State Aid, R. Craig Wood, Michael C. Petko
Brigham Young University Education and Law Journal
No abstract provided.
Direct Payments Of State Scholarship Funds To Church-Related Colleges Offend The Constitution And Title Vi, Roy Whitehead Jr., Walter Block
Direct Payments Of State Scholarship Funds To Church-Related Colleges Offend The Constitution And Title Vi, Roy Whitehead Jr., Walter Block
Brigham Young University Journal of Public Law
No abstract provided.
Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak
Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak
Kentucky Law Journal
No abstract provided.
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Richmond Journal of Law & Technology
"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …
Who Asked You?: The Appropriateness Of U.S. Leadership In Promoting Religious Freedom Worldwide, Nichol J. Starr
Who Asked You?: The Appropriateness Of U.S. Leadership In Promoting Religious Freedom Worldwide, Nichol J. Starr
Vanderbilt Journal of Transnational Law
Government endorsed and government imposed religious persecution is a growing phenomenon worldwide. From Central America to the Far East, people are arrested, tortured, and even killed for having and expressing their faith, despite the existence of universal covenants expressing acceptance of religious differences as among the most basic of human rights. Seeing the apparent futility of U.N. and other international efforts to curb such persecution, the U.S. Congress in 1998 passed the International Religious Freedom Act. Faith-based religious persecution--and the United States' role in combating it--first took center stage in American politics during the IRFA's passage, and most recently has …
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Michigan Journal of Race and Law
This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to …
Boerne And Buddhism: Reconsidering Religious Freedom And Religious Pluralism After Boerne V. Flores, 33 J. Marshall L. Rev. 689 (2000), Eric Pruitt
UIC Law Review
No abstract provided.
The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal
The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal
Seattle University Law Review
Because the Ninth Circuit, in reaching its Thomas decision, relied on Smith's hybrid rights language, this Note will focus on the court's analysis of that subject. By applying the hybrid rights' dicta instead of following the actual holding in Smith, the Ninth Circuit reached a conclusion that is illogical and does not comport with current Supreme Court free exercise jurisprudence. This Note will discuss the Thomas court's analysis and will propose a logical interpretation of Smith that more closely reflects the Supreme Court's actual position regarding the Free Exercise Clause.
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan
Loyola University Chicago Law Journal
No abstract provided.
The Supreme Court's Missed Opportunity: The Constitutionality Of Student-Led Graduation Prayer In Light Of The Crumbling Wall Between Church And State, Nancy E. Drane
Loyola University Chicago Law Journal
No abstract provided.
Yelling, Not Telling: An Antitherapeutic Approach Promoting Conflict, Luis Muñiz Argûelles
Yelling, Not Telling: An Antitherapeutic Approach Promoting Conflict, Luis Muñiz Argûelles
Seattle University Law Review
In this Article, I will first examine the facts of the Pentecostal Church case, where the above quoted offensive language was used by the Puerto Rico Supreme Court (I). Later I will illustrate the reaction this language produced (II). Following this, I will briefly comment on the benefits and limits of a more conciliatory manner of expression (III). Finally, I will raise some questions as to whether the therapeutic jurisprudence movement should venture into conflicts where the parties are, in effect, testing out their respective political strengths or if it should concentrate on the more traditional fields that have earned …
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Michigan Law Review
Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …