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Religion Law

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2000

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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 Oct 2000

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 Sep 2000

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 Sep 2000

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 Sep 2000

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 Sep 2000

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 Sep 2000

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 Sep 2000

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 Sep 2000

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 Sep 2000

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 Sep 2000

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 Sep 2000

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 Jul 2000

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 Apr 2000

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 Mar 2000

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 Mar 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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. Jan 2000

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, …