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Articles 1 - 30 of 39
Full-Text Articles in Law
Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton
Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton
Michigan Law Review
This Note argues that under Batson, J.E.B., the First Amendment, and the Equal Protection Clause, religion-based peremptory challenges are unconstitutional. This Note asserts that the analysis of governmental religious discrimination, such as a peremptory challenge, is the same under either the First Amendment or the Equal Protection Clause because both apply strict scrutiny to purposeful government discrimination.
Part I examines Batson and J.E.B. in greater detail and states a model for analyzing discriminatory peremptory challenges in which such challenges are treated as intentional governmental discrimination subject to heightened scrutiny. Part II argues that under the First Amendment, intentional governmental …
Section 8: Freedom Of Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Freedom Of Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Public Education And The Public Good, Robert S. Alley
Public Education And The Public Good, Robert S. Alley
William & Mary Bill of Rights Journal
No abstract provided.
Squeezing Religion Out Of The Public Square- The Supreme Court, Lemon, And The Myth Of The Secular Society, M. G. "Pat" Robertson
Squeezing Religion Out Of The Public Square- The Supreme Court, Lemon, And The Myth Of The Secular Society, M. G. "Pat" Robertson
William & Mary Bill of Rights Journal
No abstract provided.
Religious Freedom And The First Self-Evident Truth: Equality As A Guiding Principle In Interpreting The Religion Clauses, Jay Alan Sekulow, James Matthew Henderson, Kevin E. Broyles
Religious Freedom And The First Self-Evident Truth: Equality As A Guiding Principle In Interpreting The Religion Clauses, Jay Alan Sekulow, James Matthew Henderson, Kevin E. Broyles
William & Mary Bill of Rights Journal
No abstract provided.
The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French
The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French
Journal Articles
No abstract provided.
The Emerging Pattern Of Church And State In Western Europe: The Italian Model, Silvio Ferrari
The Emerging Pattern Of Church And State In Western Europe: The Italian Model, Silvio Ferrari
BYU Law Review
No abstract provided.
The Church-State Situation In Poland After The Collapse Of Communism, Krystyna Daniel
The Church-State Situation In Poland After The Collapse Of Communism, Krystyna Daniel
BYU Law Review
No abstract provided.
Freedom Of Religion In The Netherlands, Sophie C. Van Bijsterveld
Freedom Of Religion In The Netherlands, Sophie C. Van Bijsterveld
BYU Law Review
No abstract provided.
The Spanish System Of Church And State, Gloria M. Moran
The Spanish System Of Church And State, Gloria M. Moran
BYU Law Review
No abstract provided.
A Widow's Might: Nakaya V. Japan And Japan's Current State Of Religious Freedom, Eric N. Weeks
A Widow's Might: Nakaya V. Japan And Japan's Current State Of Religious Freedom, Eric N. Weeks
BYU Law Review
No abstract provided.
Religious Liberty And The Ukrainian State: Nationalism Versus Equal Protection, Howard L. Biddulph
Religious Liberty And The Ukrainian State: Nationalism Versus Equal Protection, Howard L. Biddulph
BYU Law Review
No abstract provided.
The Constitution And Sikhs In Britain, Satvinder S. Juss
The Constitution And Sikhs In Britain, Satvinder S. Juss
BYU Law Review
No abstract provided.
Is The Lutheran Church Still The State Church? An Analysis Of Church-State Relations In Finland, Elizabeth Christensen
Is The Lutheran Church Still The State Church? An Analysis Of Church-State Relations In Finland, Elizabeth Christensen
BYU Law Review
No abstract provided.
The Current Legal Status Of Christianity In China, R. Lanier Britsch
The Current Legal Status Of Christianity In China, R. Lanier Britsch
BYU Law Review
No abstract provided.
Associational Structures Of Religious Organizations, Patty Gerstenblith
Associational Structures Of Religious Organizations, Patty Gerstenblith
BYU Law Review
No abstract provided.
The Future Of Religious Liberty In Argentina: Will A New Constitutional Mandate And Would Newly Proposed Laws Enhance Religious Liberty?, David E. Doxey, Scott S. Thomas
The Future Of Religious Liberty In Argentina: Will A New Constitutional Mandate And Would Newly Proposed Laws Enhance Religious Liberty?, David E. Doxey, Scott S. Thomas
BYU Law Review
No abstract provided.
Beyond The Veil?: An Analysis Of The Provisions Of The Women's Convention In The Law As Stipulated In Shari'ah, Urfan Khaliq
Beyond The Veil?: An Analysis Of The Provisions Of The Women's Convention In The Law As Stipulated In Shari'ah, Urfan Khaliq
Buffalo Journal of International Law
No abstract provided.
Applying The Break: Religion And The Peremptory Challenge, J. Suzanne Bell Chambers
Applying The Break: Religion And The Peremptory Challenge, J. Suzanne Bell Chambers
Indiana Law Journal
No abstract provided.
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduations Still Be Constitutional?, Thomas A. Schweitzer
The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduations Still Be Constitutional?, Thomas A. Schweitzer
Brigham Young University Journal of Public Law
No abstract provided.
State V. Davis: Peremptory Strikes And Religion?The Unworkable Peremptory Challenge Jurisprudence, D. Scott Crook
State V. Davis: Peremptory Strikes And Religion?The Unworkable Peremptory Challenge Jurisprudence, D. Scott Crook
Brigham Young University Journal of Public Law
No abstract provided.
Saving Our Children: Focusing The World's Attention On The Abuse Of Children, Robert F. Drinan S.J.
Saving Our Children: Focusing The World's Attention On The Abuse Of Children, Robert F. Drinan S.J.
Loyola University Chicago Law Journal
No abstract provided.
The Return Of Lost Property According To Jewish & Common Law: A Comparison, Michael J. Broyde, Michael Hecht
The Return Of Lost Property According To Jewish & Common Law: A Comparison, Michael J. Broyde, Michael Hecht
Faculty Articles
This article compares the legal rules and jurisprudence of the American common law and Jewish law in the area of finding and returning lost or abandoned property, illustrating the interplay between the purely legal and ethical components of the respective legal systems. Surprisingly enough, the differences between the two systems are not usually significant; they follow the same basic legal principles, and typically lead to the same results. There are, however, two major exceptions: Jewish law imposes a duty to rescue the lost property of one's neighbor, while the common law does not require that one initiate the process by …
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
Faculty Publications
Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …
The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma
The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma
Keith Jaasma
This comment examines the cae of Employment Division, Department of Human Resources of Oregon v. Smith, and Congress' response to that decision in the Religious Freedom Restoration Act (RFRA). The Comment further examines whether the Supreme Court's 1879 Decision in Reynolds v. United States, which upheld laws against polygamy in the Utah Territory, would continue to be viable in light of the RFRA and Free Excercise Clause cases that have been decided since.
Catholic Legal Education At The Edge Of A New Millennium: Do We Still Have The Spirit To Send Forth Saints?, Randy Lee
Randy Lee
No abstract provided.
Religious Outlaws: Narratives Of Legality And The Politics Of Citizen Interpretation, Barbara L. Bezdek
Religious Outlaws: Narratives Of Legality And The Politics Of Citizen Interpretation, Barbara L. Bezdek
Faculty Scholarship
No abstract provided.
The Structure Of The Religious Liberty Guarantee, Robert A. Destro
The Structure Of The Religious Liberty Guarantee, Robert A. Destro
Scholarly Articles
No abstract provided.
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
Scholarly Works
No abstract provided.