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Full-Text Articles in Law
Rfra As Legislative Entrenchment, Branden Lewiston
Rfra As Legislative Entrenchment, Branden Lewiston
Pepperdine Law Review
When there is a conflict between two federal statutes, the more recent statute overrides the past statute. However, courts have used the Religious Freedom Restoration Act (RFRA) to preempt federal laws passed after it. Normally that is the role of constitutional provisions, not statutes. RFRA has been subject to much constitutional criticism, but its attempt to control subsequent federal law has drawn little attention. Courts use RFRA to trump subsequent federal statutes without second thought. This Essay draws on legislative entrenchment doctrine to argue that this feature of RFRA is unconstitutional. RFRA should be used to strike down prior laws …
Does Shari’A Play A Role In Turkey?, Russell Powell
Does Shari’A Play A Role In Turkey?, Russell Powell
Pepperdine Law Review
An essay is presented in which the author explores the relationship of religious law with contemporary Turkey. Topics discussed include certain civil law supporting adoption of Sharia in Turkey, role of religious people in providing protection to religious freedom in Turkey, and role of traditional Kemalist secularism laiklik in distinguishing Turkey.
Response: Situating Ourselves In History, Steven D. Smith
Response: Situating Ourselves In History, Steven D. Smith
Pepperdine Law Review
The author presents his views on history of religious freedom incorporated in his Brandeis lecture and in the book "The Rise and Decline of American Religious Freedom." Topics discussed include hegemonic status of special protection to religious freedom for legal academics, role of ending religious freedom in providing protection to religious actors under other constitutional provisions like free speech, and impact of ending religious freedom on other freedom like freedom of association.
Theorists, Get Over Yourselves: A Response To Steven D. Smith, Andrew Koppelman
Theorists, Get Over Yourselves: A Response To Steven D. Smith, Andrew Koppelman
Pepperdine Law Review
In this article, the author presents his views in response to the article The Last Chapter? by critic of contemporary liberal theory Steven D. Smith in reference to his book "Defending American Religious Neutrality." Topics discussed include the political aspects associated with religious freedom, role of secularism in eroding religious freedom, and conflicts between religion and modern secular egalitarianism.
More “Vitiating Paradoxes”: A Response To Steven D. Smith, Paul Horwitz
More “Vitiating Paradoxes”: A Response To Steven D. Smith, Paul Horwitz
Pepperdine Law Review
In this article, the author presents his views in response to the article The Last Chapter? by critic Steven D. Smith. Topics discussed include importance of critical legal studies (CLS) theory in reflecting political aspects of religious freedom, views of Smith in his book "The Rise and Decline of American Religious Freedom," and the relationship of egalitarianism with religious freedom.
The Last Chapter?, Steven D. Smith
The Last Chapter?, Steven D. Smith
Pepperdine Law Review
An essay is presented in which the author presents contrasting views of law professors at Stanford and Harvard University, Michael McConnell and Noah Feldman respectively on religious freedom. Topics discussed include requirement of special protection to religious freedom, protection of religious belief and expression under other constitutional provisions such as freedom of speech, and the failure of Obama Administration in providing special freedom of association to religious associations.
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Pepperdine Law Review
No abstract provided.
The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist
The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist
Pepperdine Law Review
No abstract provided.
"Religion" And "Religious Institutions" Under The First Amendment , Sharon L. Worthing
"Religion" And "Religious Institutions" Under The First Amendment , Sharon L. Worthing
Pepperdine Law Review
No abstract provided.
Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett
Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett
Pepperdine Law Review
This paper is a short response to an address, “And I Don’t Care What It Is: Religious Neutrality in American Law,” delivered by Prof. Andrew Koppelman at a conference, “The Competing Claims of Law and Religion: Who Should Influence Whom?”, which was held at Pepperdine University in February of 2012. In this response, it is suggested – among other things – that “American religious neutrality” is, as Koppelman argues, “coherent and attractive” because and to the extent that it is not neutral with respect to the goal and good of religious freedom. Religious freedom, in the American tradition, is not …
Can We Please Stop Talking About Neutrality? Koppelman Between Scalia And Rawls, Chad Flanders
Can We Please Stop Talking About Neutrality? Koppelman Between Scalia And Rawls, Chad Flanders
Pepperdine Law Review
No abstract provided.
And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman
And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman
Pepperdine Law Review
No abstract provided.
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Pepperdine Law Review
In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …
Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin
Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin
Pepperdine Law Review
No abstract provided.
Religion-Free Environments In Common Interest Communities, Angela C. Carmella
Religion-Free Environments In Common Interest Communities, Angela C. Carmella
Pepperdine Law Review
No abstract provided.