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Articles 1 - 21 of 21
Full-Text Articles in Law
Clergy Malpractice: The Cause Of Action That Never Was, Steven A. Chase
Clergy Malpractice: The Cause Of Action That Never Was, Steven A. Chase
North Carolina Central Law Review
No abstract provided.
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
All Faculty Scholarship
Maryland arguably holds the distinction of being the state whose early history most directly ensured, and whose citizenry was most directly affected by, the First Amendment's protection of religious freedom. Because of its relatively diverse religious population, Maryland stood out as both a champion of tolerance and a hotbed of discrimination for most of its colonial experience. Similarities have been pointed out between the first provincial government in St. Mary's, Maryland, and the American plan under the Constitution, particularly with respect to religious liberty.
This article offers a brief overview of the religious history of Maryland, focuses on important state …
Nally V. Grace Community Church Of The Valley: Absolution For Clergy Malpractice?, Greg Slater
Nally V. Grace Community Church Of The Valley: Absolution For Clergy Malpractice?, Greg Slater
BYU Law Review
No abstract provided.
Sexual Molestation Within America's Parishes And Congregations; Should The Church Be Thy Priest's Keeper, Stephanie D. Young
Sexual Molestation Within America's Parishes And Congregations; Should The Church Be Thy Priest's Keeper, Stephanie D. Young
West Virginia Law Review
No abstract provided.
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Michigan Law Review
A Review of A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett
Onward Constitutional Soldiers, Milner S. Ball
Onward Constitutional Soldiers, Milner S. Ball
Michigan Law Review
A Review of Constitutional Faith by Sanford Levinson
Freedom Of Religion Vs. Public School Reading Curriculum, Keith Kemper
Freedom Of Religion Vs. Public School Reading Curriculum, Keith Kemper
Seattle University Law Review
The purpose of this Note is to analyze the decision by the United State Court of Appeals for the Sixth Circuit in Mozert v. Hawkins County Board of Education in light of recent United States Supreme Court opinions regarding the free exercise of religion. Section I will explain the legal issues that are relevant in deciding this and similar free exercise cases. Section II will discuss the history and background of the Mozert case. Section III will discuss the different opinions in Mozert. Section IV will analyze and critique the different rationales used to decide this case. After weighing …
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Beyond Neutrality: Equal Access And The Meaning Of Religious Freedom, E. Gregory Wallace
Beyond Neutrality: Equal Access And The Meaning Of Religious Freedom, E. Gregory Wallace
University of Arkansas at Little Rock Law Review
No abstract provided.
Making Prior Restraint An Enforcement Tool Of The Establishment Clause: Stein V. Plainwell Community Schools, Ken Jorgensen
Making Prior Restraint An Enforcement Tool Of The Establishment Clause: Stein V. Plainwell Community Schools, Ken Jorgensen
BYU Law Review
No abstract provided.
Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato
Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato
Penn State International Law Review
The first part of this Comment examines the structure and organization of the Roman Catholic Church, the means of papal diplomacy, and the Vatican's participation in international organizations. Special attention is focused on the Code of Canon Law, the Lateran Agreements, and other important documents. The second part of this Comment examines the role the Church plays as a protector of human rights. This focuses on the Church's actions and recent history in two nations, Chile and Poland, and examines the effects of papal visits to these countries and the publication of papal encyclicals dealing with human rights.
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
Church And State In The States, G. Alan Tarr
Church And State In The States, G. Alan Tarr
Washington Law Review
In many state constitutions, the provisions dealing with the relationship of church and state differ substantially from the federal establishment clause. In this Article, Professor Tarr demonstrates that relying on the state constitutional guarantees may lead to markedly different results than would obtain under the first amendment. He argues that state constitutional provisions very often are ignored, apparently because practitioners mistakenly believe that state provisions merely repeat the strictures of the first amendment. Professor Tarr maintains that this is unfortunate and untrue, because our constitutional system allows a state constitution to provide for less, equal, or greater separation of church …
School Prayer And The Constitution: Silence Is Golden, Mary Ellen Quinn Johnson
School Prayer And The Constitution: Silence Is Golden, Mary Ellen Quinn Johnson
Maryland Law Review
No abstract provided.
The Problem Of Dirty Hands, Leslie C. Griffin
The Problem Of Dirty Hands, Leslie C. Griffin
Scholarly Works
This essay examines what Sartre called the problem of "dirty hands" as it applies to two issues in contemporary Catholic discussions of political morality. Beginning with Michael Walzer's work on dirty hands, the essay next identifies four approaches to this problem characteristic of Christian ethics. These four categories are then applied to analysis of two issues: conflicts of conscience that may confront Catholic politicians as a result of the responsibilities of public office and the church's exclusion of clergy and religious from holding public
Developments In The Law Of Church-State Relations: The 1987 Term Of The United States Supreme Court, Robert A. Destro
Developments In The Law Of Church-State Relations: The 1987 Term Of The United States Supreme Court, Robert A. Destro
Scholarly Articles
No abstract provided.
Comment On Church And State In Seventeenth And Eighteenth Century America, John H. Garvey
Comment On Church And State In Seventeenth And Eighteenth Century America, John H. Garvey
Scholarly Articles
No abstract provided.
Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley
Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley
Journal Articles
"Separation of church and state" is right up there with Mom, apple pie, and baseball in American iconography. If everyone agrees on separation of church and state, why does the relationship between religion and public life so vex, excite, and confound us? Part of the reason is that church-state separation, although it is the historical achievement of societies decisively shaped by a Christianity that was itself decisively shaped by Judaism, is a commodious concept.
But "separation of church and state" is not contentless, and our conclusive agreement on it, I submit, provides a valuable common frame of reference in an …
Legal Affinities, Joseph Vining
Legal Affinities, Joseph Vining
Articles
Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …
Toward A Constitutional Jurisprudence Of Religious Group Rights, Frederick Mark Gedicks
Toward A Constitutional Jurisprudence Of Religious Group Rights, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.