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Full-Text Articles in Law
George R. R. Martin's Faith Militant In Modern America: The Establishment Clause And A State's Ability To Delegate Policing Powers To Private Police Forces Operated By Religious Institutions, Andrew Gardner
William & Mary Bill of Rights Journal
Since the very founding of the United States, the complex relationship between government and religion has troubled and concerned lawmakers. The Establishment Clause of the First Amendment to the United States Constitution was one of the first attempts to help define and restrain the government's role in that nexus. Thomas Jefferson, in a letter praising the Establishment Clause, famously wrote that the clause "buil[t] a wall of separation between Church [and] State." However, the extent of the protections that the Establishment Clause was intended to provide is unclear, and judges as well as legal scholars have struggled with interpreting the …
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Pepperdine Law Review
The article focuses on the concepts of religion in secular states such as Republic of Turkey. Topics discussed include distinction between secularism and religion, views of philosopher of liberalism John Locke on delegation of matters of faith to the Church and matters of public good to the state along with the relationship of modernization and secularism.
Rethinking The “Religious-Question” Doctrine, Christopher C. Lund
Rethinking The “Religious-Question” Doctrine, Christopher C. Lund
Pepperdine Law Review
The “religious question” doctrine is a well-known and commonly accepted notion about the First Amendment’s Religion Clauses. The general idea is that, in our system of separated church and state, courts do not decide religious questions. And from this premise, many things flow — including the idea that courts must dismiss otherwise justiciable controversies when they would require courts to resolve religious questions. Yet a vexing thought arises. The religious-question doctrine traditionally comes out of a notion that secular courts cannot resolve metaphysical or theological issues. But when one looks at the cases that courts have been dismissing pursuant to …
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
Indiana Law Journal
No abstract provided.
Equality, Conscience, And The Liberty Of The Church: Justifying The Controversiale Per Controversialius, Patrick Mckinley Brennan
Equality, Conscience, And The Liberty Of The Church: Justifying The Controversiale Per Controversialius, Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett
Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett
Villanova Law Review
No abstract provided.
The Indirect Mission Of The Church To Politics, Avery Cardinal Dulles
The Indirect Mission Of The Church To Politics, Avery Cardinal Dulles
Villanova Law Review
No abstract provided.
Church, State, And The Practice Of Love, Richard W. Garnett
Church, State, And The Practice Of Love, Richard W. Garnett
Villanova Law Review
No abstract provided.
Government Hostility To Religion: How Misconstruction Of The Establishment Clause Stifles Religious Freedom, Andrew R. Cogar
Government Hostility To Religion: How Misconstruction Of The Establishment Clause Stifles Religious Freedom, Andrew R. Cogar
West Virginia Law Review
No abstract provided.
The Separation Of Mosque And State: Islam And Democracy In Modern Turkey, Susanna Dokupil
The Separation Of Mosque And State: Islam And Democracy In Modern Turkey, Susanna Dokupil
West Virginia Law Review
No abstract provided.