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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 Feb 2021

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 Feb 2015

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 Feb 2015

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 Jan 2015

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 Jan 2009

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 Jan 2009

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 Jan 2007

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 Jan 2007

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 Sep 2002

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 Sep 2002

The Separation Of Mosque And State: Islam And Democracy In Modern Turkey, Susanna Dokupil

West Virginia Law Review

No abstract provided.