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Articles 31 - 60 of 91
Full-Text Articles in Law
Sorry, But It's The Law: The Westernization Of Islam, Gwendolyn Yvonne Alexis
Sorry, But It's The Law: The Westernization Of Islam, Gwendolyn Yvonne Alexis
Gwendolyn Yvonne Alexis
The last quartile of the 20th Century vastly changed the religio-cultural landscape of the West. Previously the stronghold of Christianity, the West has entered into a period of deep diversity as a result of the unprecedented level of migration of non-Western, non-Christian peoples to western destinations. These new immigrants, with their foreign cultures and unfamiliar religions, came westward with the full expectation that they--like the diverse array of Christian emigrants who migrated westward decades before--would fully enjoy religious liberty in nations long heralded for their commitment to democratic principles and respect for civil rights. How are these immigrants faring on …
Justice Douglas, Justice O'Connor, And George Orwell: Does The Constitution Compel Us To Disown Our Past, Steven D. Smith
Justice Douglas, Justice O'Connor, And George Orwell: Does The Constitution Compel Us To Disown Our Past, Steven D. Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Justice William O. Douglas's majority opinion in Zorach v. Clauson famously asserted that "[w]e are a religious people whose institutions presuppose a Supreme Being." What did Douglas mean, and was he right? More recently, in cases involving the Ten Commandments, the Pledge of Allegiance and other public expressions and symbols, the Supreme Court has said that the Constitution prohibits government from endorsing religion. Can Douglas's "Supreme Being" assertion be reconciled with the "no endorsement" prohibition? And does the more modern doctrine demand that we forget, falsify, or forswear our pervasively religious political heritage? This essay, presented as the William O. …
Extreme Policy Makeover: Re-Evaluating Current U.S.-Vietnam Relations Under The International Religious Freedom Act, Kevin V. Tu
Extreme Policy Makeover: Re-Evaluating Current U.S.-Vietnam Relations Under The International Religious Freedom Act, Kevin V. Tu
Washington International Law Journal
Following the signing of the Paris Peace Accord in 1973, the relationship between the United States and Vietnam remained essentially frozen. In 2000, the signing of the United States-Vietnam Bilateral Trade Agreement was an epic step in the normalization of relations. In addition, the BTA was hailed as a means of effectuating positive change in the area of Vietnam's human rights. Unfortunately, the state of religious freedom in Vietnam has deteriorated while economic ties with the United States have strengthened. Despite Vietnam's purported respect for religious freedom, violations continue. Vietnam restricts the practice of religion, detains religious leaders, and tolerates …
Does The Establishment Clause Require Religion To Be Confined To The Private Sphere?, Kevin Pybas
Does The Establishment Clause Require Religion To Be Confined To The Private Sphere?, Kevin Pybas
ExpressO
Through the first four decades or so of the U.S. Supreme Court’s church-state jurisprudence the Court generally sought to confine religion to the private sphere, on the grounds that the establishment clause requires such a result. While the Rehnquist Court has been more open to religion in the public sphere than previous Courts, the claim that the establishment clause requires religion to be restricted to the private sphere retains strong support among a minority of Supreme Court justices. Witness Justice Souter’s fierce objection, in Zelman v. Simmons-Harris (2002), to the Court’s approval of the use of publicly funded tuition vouchers …
Introduction, Edward J. Eberle
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief
Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
This timeline tracks the development of the religious accommodation requirement of Title VII of the Civil Rights Act of 1964. The timeline covers the development of statutory text, relevant EEOC regulations, and Supreme Court precedent.
Introduction To Special Collection: Seminar Papers On Women And Islamic Law, Christie S. Warren
Introduction To Special Collection: Seminar Papers On Women And Islamic Law, Christie S. Warren
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Free Exercise And The Problem Of Symmetry, Nelson Tebbe
Free Exercise And The Problem Of Symmetry, Nelson Tebbe
Cornell Law Faculty Publications
This Article identifies a difficulty with the neutrality paradigm that currently shapes thinking about the Free Exercise Clause both on the Supreme Court and among its leading critics. It proposes a liberty component, shows how it would generate more attractive results than neutrality alone, and defends the liberty approach against likely objections.
A controversial neutrality rule currently governs cases brought under the Free Exercise Clause. Under that rule, only laws and policies that have the purpose of discriminating against religion draw heightened scrutiny. All others are presumptively constitutional, regardless of how severely they burden religious practices.
Critics have attacked the …
Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin
Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin
Brigham Young University Journal of Public Law
No abstract provided.
"Religion-Neutral" Jurisprudence: An Examination Of Its Meaning And End, L. Scott Smith
"Religion-Neutral" Jurisprudence: An Examination Of Its Meaning And End, L. Scott Smith
William & Mary Bill of Rights Journal
No abstract provided.
The Corporation As God, Douglas Litowitz
Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein
Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
A Jewish Law View Of World Law, Michael J. Broyde
A Jewish Law View Of World Law, Michael J. Broyde
Faculty Articles
This paper will explore two basic Jewish law questions which reflect on the technical issues related to Professor Berman's world law proposal. The first question asks how Jewish law views public international law and whether public international law can be incorporated into the corpus of Jewish law. The second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law and if this classical paradigm of integration assists in formulating a Jewish law view of world law. To the best of my knowledge, the first matter is a question of nearly first impression in the Jewish law literature.
The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry
The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry
Faculty Articles
In the midst of the countless, grotesque inhumanities of the twentieth century, however, there is a heartening story, amply recounted elsewhere: the emergence, in international law, of the morality of human rights. The morality of human rights is not new; in one or another version, the morality is very old. But the emergence of morality in international law, in the period since the end of World War II, is a profoundly important development.
The twentieth century, therefore, was not only the dark and bloody time; the second half of the twentieth century was also the time in which a growing …
Micheal Perry's Right To Religious Freedom, Richard Kay
Micheal Perry's Right To Religious Freedom, Richard Kay
Faculty Articles and Papers
No abstract provided.
The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner
The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
Book Review: Ferrari & Durham, Law And Religion In Post-Communist Europe, Mark Weston Janis
Book Review: Ferrari & Durham, Law And Religion In Post-Communist Europe, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Review, Law And Religion In Post-Communist Europe & Laws On Religion And The State In Post-Communist Europe, Mark Weston Janis
Review, Law And Religion In Post-Communist Europe & Laws On Religion And The State In Post-Communist Europe, Mark Weston Janis
Faculty Articles and Papers
Reviewing Law and Religion in Post-Communist Europe. Edited by Silvio Ferrari, W. Cole Durham, Jr. and Elizabeth A. Sewell. Law and Religion Studies 1. Peeters 2003 and Laws on Religion and the State in Post-Communist Europe. Edited by W. Cole Durham, Jr. and Silvio Ferrari. Law and Religion Studies 2. Peeters 2004.
Who Needs Freedom Of Religion?, James W. Nickel
Who Needs Freedom Of Religion?, James W. Nickel
Articles
This article proposes that we view freedom of religion as a specific application area of more general basic liberties such as freedoms of thought, expression, association, assembly, movement, privacy, political participation, and economic activity. Separate enumeration of freedom of religion in national and international bills of rights may be useful, but it is not indispensable. In this respect freedom of religion is more like scientific freedom or artistic freedom than like freedom of expression. Recognizing that separate enumeration of freedom of religion is dispensable has salutary consequences for how we conceive and justify freedom as it applies to religion. First, …
"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons
"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons
Michigan Journal of Gender & Law
To contribute to a full moral deliberation about same-sex marriage, this Article inquires into the meanings of marriage, sexuality, and family from historical and narrative perspectives that are situated at the intersection of religious and political domains.
Beyond Personhood: Abortion, Child Abuse And Equal Protection, Charles I. Lugosi
Beyond Personhood: Abortion, Child Abuse And Equal Protection, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gila Stopler
This article will suggest a possible answer to the puzzling question of why despite the egalitarian principles upon which Western liberal democracies are allegedly predicated sex discrimination in these societies persists and sex discrimination on the basis of religion and culture is most often even countenanced and protected. I argue that the gendered structure of liberal society and of the liberal self, within which we all operate, serve as a framework within which different roles, different obligations and different paths for men and for women, in both liberal and non-liberal societies, seem natural and inevitable and therefore in no need …
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
Gila Stopler
Surveying the relationship between religion and the state in the US and in European liberal democracies the article distinguishes between five different facets of the relationship between religion and the state in liberal democracies - institutional differentiation between religion and the state, strong protection of religious liberty, the involvement of religion in politics, the extent of religious involvement in education and social services, and the levels of religious belief of individuals in society - and discusses how each of them affects women’s right to equality. The article argues that contrary to common assumptions the relationship between patriarchal religion and the …
Lessons To Be Learned, Lessons To Live Out: Catholicism At The Crossroads Of Judaism And American Legalism, Randy Lee
Randy Lee
No abstract provided.
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
Rallying The Armies Or Bridging The Gulf: Questioning The Significance Of Faith-Based Educational Initiatives In A Global Age, Amy Stambach
Rallying The Armies Or Bridging The Gulf: Questioning The Significance Of Faith-Based Educational Initiatives In A Global Age, Amy Stambach
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael
Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael
Faculty Publications & Other Works
No abstract provided.
Comments: Holding Clergy Accountable: Maryland Should Require Clergy To Report Suspected Child Abuse, Caroline E. Law Miller
Comments: Holding Clergy Accountable: Maryland Should Require Clergy To Report Suspected Child Abuse, Caroline E. Law Miller
University of Baltimore Law Review
No abstract provided.
Nonestablishment Under God - The Nonsectarian Principle, Steven D. Smith
Nonestablishment Under God - The Nonsectarian Principle, Steven D. Smith
Villanova Law Review
No abstract provided.