Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brigham Young University Law School (13)
- Notre Dame Law School (5)
- Loyola University Chicago, School of Law (3)
- University of Richmond (3)
- Cleveland State University (2)
-
- Cornell University Law School (2)
- Seattle University School of Law (2)
- Selected Works (2)
- SelectedWorks (2)
- The Catholic University of America, Columbus School of Law (2)
- UIC School of Law (2)
- University of Michigan Law School (2)
- University of Missouri School of Law (2)
- California Western School of Law (1)
- Columbia Law School (1)
- Maurer School of Law: Indiana University (1)
- Mercer University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- Widener Law (1)
- William & Mary Law School (1)
- Keyword
-
- Religion (7)
- Discrimination (4)
- Establishment clause (3)
- Freedom of religion (3)
- Education (2)
-
- Employment Division v. Smith (2)
- First Amendment (2)
- First amendment (2)
- Free exercise (2)
- Jurisprudence (2)
- Lemon v. Kurtzman (2)
- Religious freedom (2)
- Theology (2)
- Abington School District v. Schempp (1)
- Abortion (1)
- Abstinence-only sex education (1)
- Agostini v. Felton (1)
- Aliens (Persons) -- European Union countries (1)
- American Muslim (1)
- American history (1)
- Anchorage Rights Equal Rights Commission (1)
- Bensusan Restaurant Corporation v. King (1)
- Bioethics (1)
- Bishops (1)
- Blinded Veterans Association v. Blinded American Veterans Foundation (1)
- CANDYLAND.COM (1)
- Cardozo Law Review (1)
- Carter (Stephen L.) (1)
- Catholic church (1)
- Catholicism (1)
- Publication
-
- BYU Law Review (10)
- Journal Articles (5)
- Faculty Publications (3)
- Faculty Scholarship (3)
- Cornell Law Faculty Publications (2)
-
- Law Faculty Articles and Essays (2)
- Law Faculty Publications (2)
- Loyola University Chicago Law Journal (2)
- Randy Lee (2)
- Scholarly Articles (2)
- Seattle University Law Review (2)
- All Faculty Scholarship (1)
- Arthur Lang (1)
- Brigham Young University Education and Law Journal (1)
- Brigham Young University Journal of Public Law (1)
- Faculty Publications & Other Works (1)
- Indiana Journal of Global Legal Studies (1)
- Kentucky Law Journal (1)
- LLM Theses and Essays (1)
- Matthew Parlow (1)
- Mercer Law Review (1)
- Michigan Journal of Race and Law (1)
- Michigan Law Review (1)
- Richmond Journal of Law & Technology (1)
- Scholarly Works (1)
- Trisha Olson (1)
- UIC Law Open Access Faculty Scholarship (1)
- UIC Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington Law Review (1)
- Publication Type
Articles 1 - 30 of 54
Full-Text Articles in Law
The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen
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
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
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
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
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
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
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
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
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
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
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.
Differentiating The Free Exercise And Establishment Clauses, Carl H. Esbeck
Differentiating The Free Exercise And Establishment Clauses, Carl H. Esbeck
Faculty Publications
The purpose of the Establishment Clause is not to safeguard individual religious rights. That is the role of the Free Exercise Clause, indeed its singular role. The purpose of the Establishment Clause, rather, is as a structural restraint on governmental power. Because of its structural character, the task of the Establishment Clause is to limit government from legislating or otherwise acting on any matter "respecting an establishment of religion." The powers that fall within the scope of the foregoing clause (denied to government, hence within the sole province of religion) and the powers outside this clause (hence, authority vested in …
Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla
Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla
Faculty Scholarship
This Essay addresses how religion simultaneously subordinates Latinas while serving as a source of strength. More specifically, it focuses on Catholicism and how the same church and religion have a fragmented and varied impact on Latinas, particularly Mexican-Americans, with whom I am most familiar.
Chandler V. James: Welcoming Student Prayer Back In The Schoolhouse Gate, Sarah Beth Mabery
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.
Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson
All Faculty Scholarship
On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for Lipstadt …
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Cornell Law Faculty Publications
No abstract provided.
The Search For A Distinct Religious-Liberty Jurisprudence Under The Washington State Constitution, Katie Hosford
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 …
Direct Payments Of State Scholarship Funds To Church-Related Colleges Offend The Constitution And Title Vi, Roy Whitehead Jr., Walter Block
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.
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
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.
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan
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
Loyola University Chicago Law Journal
No abstract provided.
Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele
Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele
LLM Theses and Essays
The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …
Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak
Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak
Kentucky Law Journal
No abstract provided.
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Arev, Aaron Lang
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Trisha Olson
No abstract provided.
Are Religiously Affiliated Law Schools Obsolete In America? The View Of An Outsider Looking In, Randy Lee
Are Religiously Affiliated Law Schools Obsolete In America? The View Of An Outsider Looking In, Randy Lee
Randy Lee
No abstract provided.
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, 31 Loy. U. Chi. L.J. 153 (2000), Mary Jean Dolan
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, 31 Loy. U. Chi. L.J. 153 (2000), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Introduction, Azizah Y. Al-Hibri
Introduction, Azizah Y. Al-Hibri
Law Faculty Publications
Putting this issue together was more difficult than we initially expected. Translating and editing jurisprudential articles that fuse law with philosophy and religion requires very advanced skills and is very demanding. Despite all our collective efforts to meet these challenges we are likely to have missed some errors. We are fortunate that everyone who participated in this project was ready to do their best, and thank everyone, particularly our authors, for their commitment and perseverance. Needless to say, the articles in this issue represent the views of their authors and do not reflect views of the Journal itself. The Journal …
Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri
Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri
Law Faculty Publications
In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse this …