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Articles 1 - 12 of 12
Full-Text Articles in Law
Constitutional Law—Freedom Of Religious Speech—When Freedom Of Speech In The Classroom Conflicts With The Establishment Clause. Bishop V. Aronov, 926 F.2d 1066 (11th Cir. 1991), D. Grant Carwile
University of Arkansas at Little Rock Law Review
No abstract provided.
An Audience For The Amish: A Communication Based Approach To The Development Of Law, Maryann Schlegel Ruegger
An Audience For The Amish: A Communication Based Approach To The Development Of Law, Maryann Schlegel Ruegger
Indiana Law Journal
No abstract provided.
Free Exercise: A "Hollow Promise" For The Native American In Employment Division, Department Of Human Resources Of Oregon V. Smith, Debra Ann Mermann
Free Exercise: A "Hollow Promise" For The Native American In Employment Division, Department Of Human Resources Of Oregon V. Smith, Debra Ann Mermann
Mercer Law Review
In Employment Division, Department of Human Resources of Oregon v. Smith, the United States Supreme Court held that a state criminal prohibition of the use of peyote by bona fide members of the Native American Church and a subsequent denial of unemployment benefits upon their discharge for such use does not violate the free exercise clause of the first amendment of the United States Constitution. The Court determined that Oregon's prohibition of the sacramental use of peyote was a "generally applicable criminal law" and ruled that the "compelling interest" test which ordinarily applies when a state imposes a substantial …
The Undoing Of Mandatory Free Exercise Accommodation—Employment Division, Department Of Human Resources V. Smith, 110 S. Ct. 1595 (1990), Danielle A. Hess
The Undoing Of Mandatory Free Exercise Accommodation—Employment Division, Department Of Human Resources V. Smith, 110 S. Ct. 1595 (1990), Danielle A. Hess
Washington Law Review
The United States Supreme Court has struggled to find a fair and consistent approach to cases in which an individual's religious practice conflicts with a generally applicable law. Prior to Employment Division, Department of Human Resources v. Smith, the Court used a balancing approach to determine whether the state's interests in denying an exemption to a criminal law justified the burden that the law placed on an individual's religious practice. After Smith, the state must show only that the law is generally applicable and does not directly target a religious practice. This new approach underprotects religious conduct because it provides …
Clergy Malpractive: Avoiding Earthly Judgment, Thomas F. Taylor
Clergy Malpractive: Avoiding Earthly Judgment, Thomas F. Taylor
Brigham Young University Journal of Public Law
No abstract provided.
The International Year Of Bible Reading: The Unconstitutional Use Of The Political Process To Endorse Religion, Robert F. Kane, Fred M. Blum
The International Year Of Bible Reading: The Unconstitutional Use Of The Political Process To Endorse Religion, Robert F. Kane, Fred M. Blum
NYLS Journal of Human Rights
No abstract provided.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Books Received
GOOD FAITH IN ENGLISH LAW
By J.F. O'Connor
Brookfield, Vermont: Dartmouth Publishing Company, 1990. Pp. 148.
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LAW AND ISLAM IN THE MIDDLE EAST
Edited by Daisy Hilse Dwyer
New York, New York: Bergin & Garvey, 1990. Pp. 168.
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INTERNATIONAL SECURITIES REGULATION
By Norman S. Poser
Boston, Massachusetts: Little, Brown and Company, 1991. Pp. 799.
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COMPARATIVE CONSTITUTIONAL FEDERALISM
Edited by MarkTushnet
Westport, Connecticut: Greenwood Press, 1990. Pp. 157.
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ECONOMIC SANCTIONS AND U.S. TRADE
By Michael P. Melloy
Boston, Massachusetts: Little, Brown and Company, 1990. Pp. 752.
Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle
Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle
Indiana Law Journal
No abstract provided.
The Parsonage Allowance Exclusion: Past, Present, And Future, Matthew W. Foster
The Parsonage Allowance Exclusion: Past, Present, And Future, Matthew W. Foster
Vanderbilt Law Review
Religious freedom has played a pivotal role in the history and cultural development of the United States.' Religion historically has been considered a fundamental aspect of American culture, resulting in the granting of numerous legal rights and privileges to religious personnel and institutions. These grants stem from the protections in the Bill of Rights and include privileges that, though of undoubted importance, are not known widely and may fail to provoke controversy to the same extent as perceived infringements or endorsements of religion.'
Section 107 of the Internal Revenue Code grants one of the lesser- known privileges. This statute permits …
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
University of Richmond Law Review
Victor Walter Garcia Ortiz left El Salvador and came to the United States. In September 1980, he was deported from Los Angeles and returned to El Salvador. In November 1981, he was killed by the Salvadoran National Police. Santana Chirino Amayo was deported back to El Salvador in June 1981. In September 1981, his body was found, tortured and decapitated. Jose Umberto Santacruz Elias was returned to El Salvador in January 1981. He has not been heard from since. Octavio Osequeda, who was returned to El Salvador on July 12, 1982, was killed on July 13, 1982 by special police.
Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes
Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes
Michigan Law Review
In Part I of this article, we analyze the development of case law interpreting the religious freedom language of the First Amendment from the 1940s to the eve of the rights revolution as a casualty of the piecemeal approach to incorporation, compounded by a series of judicial lapses and oversights. Part II deals with the fate of the Religion Clause in the era of the rights revolution, when the free exercise and establishment provisions were deployed in the service of a constitutional agenda to which they were, in themselves, largely peripheral. The current period of doctrinal change is the subject …
Employment Division V. Smith: Overlooking The Middle Ground In Free Exercise Analysis, William L. Montague Jr.
Employment Division V. Smith: Overlooking The Middle Ground In Free Exercise Analysis, William L. Montague Jr.
Kentucky Law Journal
No abstract provided.