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Articles 1 - 30 of 55
Full-Text Articles in Law
The Astonishing Year(S) Of 1996: A Confusion Of Tongues And Alphabetical Camels The First Time As Tragedy, Kenneth Lasson
The Astonishing Year(S) Of 1996: A Confusion Of Tongues And Alphabetical Camels The First Time As Tragedy, Kenneth Lasson
All Faculty Scholarship
Such irreverence was nothing new to Nimrod. A half-century earlier he had encouraged [Abraham], who'd publicly renounced idolatry even though his father manufactured and sold graven images: how ridiculous, he reasoned, to worship clay figures that had been made the day before! Thus did Nimrod have Abraham thrown into a fiery furnace, from which, according to Midrashic legend, he emerged unscathed. Unlike Nimrod, Abraham eschewed power in favor of teaching ethics and morality to his people.
In the intervening years Nimrod concerned himself with the building of great cities as testimony to his own power and invincibility. And in 1996 …
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
Faculty Publications
No abstract provided.
Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson
Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson
BYU Law Review
No abstract provided.
Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens
Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens
BYU Law Review
No abstract provided.
Regulating Religious Broadcasting: Some Comparative Reflections, Rodney K. Smith
Regulating Religious Broadcasting: Some Comparative Reflections, Rodney K. Smith
BYU Law Review
No abstract provided.
The Hellenic Republic And The Prevailing Religion, Charalambos K. Papastathis
The Hellenic Republic And The Prevailing Religion, Charalambos K. Papastathis
BYU Law Review
No abstract provided.
Church-State Relations In The Russian Federation, Andrei Osharouich Protopopov
Church-State Relations In The Russian Federation, Andrei Osharouich Protopopov
BYU Law Review
No abstract provided.
Church And State In France, Belgium, And The Netherlands: Unexpected Similarities And Hidden Differences, Rik Torfs
BYU Law Review
No abstract provided.
Church-State Relations In The Czech Republic: Past Turmoil And Present Transformation, Elizabeth A. Clark
Church-State Relations In The Czech Republic: Past Turmoil And Present Transformation, Elizabeth A. Clark
BYU Law Review
No abstract provided.
Religious Freedom And Doctrines Of Reluctance In Post-Charter Canada, David H. Moore
Religious Freedom And Doctrines Of Reluctance In Post-Charter Canada, David H. Moore
BYU Law Review
No abstract provided.
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
BYU Law Review
No abstract provided.
"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson
"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson
BYU Law Review
No abstract provided.
Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young
Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young
BYU Law Review
No abstract provided.
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Faculty Articles
Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …
All Things Being Equal ..., John H. Garvey
Introduction: An Ambivalent View Of The Religious Equality Amendment, Frederick Mark Gedicks
Introduction: An Ambivalent View Of The Religious Equality Amendment, Frederick Mark Gedicks
BYU Law Review
No abstract provided.
Public Schools And The Inevitability Of Religious Inequality, Richard F. Duncan
Public Schools And The Inevitability Of Religious Inequality, Richard F. Duncan
BYU Law Review
No abstract provided.
The Necessity And Impact Of The Proposed Religious Equality Amendment, Steuen T. Mcfarland
The Necessity And Impact Of The Proposed Religious Equality Amendment, Steuen T. Mcfarland
BYU Law Review
No abstract provided.
Converting The Religious Equality Amendment Into A Statute With A Little "Conscience", Rodney K. Smith
Converting The Religious Equality Amendment Into A Statute With A Little "Conscience", Rodney K. Smith
BYU Law Review
No abstract provided.
Eve Without Adam: What Genesis Can Teach America About The Natural Law, David F. Forte
Eve Without Adam: What Genesis Can Teach America About The Natural Law, David F. Forte
Law Faculty Articles and Essays
I wish to make but three points. First, I want to discuss something of the history of the alliance between faith and reason in Western intellectual history and their estrangement. Second, by referring to some of the elements of the Book of Genesis, I would like to affirm the basic compatibility between the principles of natural law and the values of our religious heritage. Finally, I raise a caution regarding religious doctrine and liberty that any effective and principled alliance between faith and reason must deal with.
The Destruction Of Churches And Mosques In Bosnia-Herzegovina: Seeking A Rights-Based Approach To The Protection Of Religious Cultural Property, Gregory M. Mose
The Destruction Of Churches And Mosques In Bosnia-Herzegovina: Seeking A Rights-Based Approach To The Protection Of Religious Cultural Property, Gregory M. Mose
Buffalo Journal of International Law
No abstract provided.
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Indiana Law Journal
No abstract provided.
The Muslim Perspective On The Clergy-Penitent Privilege, Azizah Y. Al-Hibri
The Muslim Perspective On The Clergy-Penitent Privilege, Azizah Y. Al-Hibri
Law Faculty Publications
Before Jones confesses his crimes to Imam Ahmad, he should be clear on the duties and role of the imam of a mosque. The imam's duties usually consist of leading prayers and providing advice and assistance to those in the community who seek them. Imams are chosen for their knowledge in matters of religion. It is possible, however, that the community has more knowledgeable persons within it who are not interested in the position of imam. In such cases, when a more knowledgeable person visits the mosque, the Muslims present at that time, including the imam, may choose that visitor …
Finding A True Story Of American Religion: Comments On L.H. Larue's Constitutional Law As Fiction: Narrative In The Rhetoric Of Authority, Winnifred Fallers Sullivan
Finding A True Story Of American Religion: Comments On L.H. Larue's Constitutional Law As Fiction: Narrative In The Rhetoric Of Authority, Winnifred Fallers Sullivan
Washington and Lee Law Review
No abstract provided.
Is There A Principle Of Religious Liberty?, John H. Garvey
Is There A Principle Of Religious Liberty?, John H. Garvey
Michigan Law Review
A Review of Jesse H. Choper, Securing Religious Liberty: Priniples for Judicial Interpretation of the Religion Clauses and Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom
All The Company Of Heaven, Milner S. Ball
All The Company Of Heaven, Milner S. Ball
Michigan Law Review
A Review of Joseph Vining, From Newton's Sleep
Religion In Our Public Schools: Has The Supreme Court's Treatment Of Religion Made Government Intervention In Education Unconstitutional?, Paul Waldron
Brigham Young University Education and Law Journal
No abstract provided.
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
Scholarly Works
Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases. In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …
"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon
"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon
All Faculty Scholarship
No abstract provided.
Yoder And The Question Of Equality, Laura S. Underkuffler
Yoder And The Question Of Equality, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.