Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Club Goods And Group Identity: Evidence From Islamic Resurgence During The Indonesian Financial Crisis, Daniel L. Chen Jan 2010

Club Goods And Group Identity: Evidence From Islamic Resurgence During The Indonesian Financial Crisis, Daniel L. Chen

Faculty Scholarship

This paper tests a model in which group identity in the form of religious intensity functions as ex post insurance. I exploit relative price shocks induced by the Indonesian financial crisis to demonstrate a causal relationship between economic distress and religious intensity (Koran study and Islamic school attendance) that is weaker for other forms of group identity. Consistent with ex post insurance, credit availability reduces the effect of economic distress on religious intensity, religious intensity alleviates credit constraints, and religious institutions smooth consumption shocks across households and within households, particularly for those who were less religious before the crisis.


When Insiders Become Outsiders: Parental Objections To Public School Sex Education Programs, Emily J. Brown Oct 2009

When Insiders Become Outsiders: Parental Objections To Public School Sex Education Programs, Emily J. Brown

Duke Law Journal

This Note argues that parents' fundamental right to direct their children's moral and educational upbringing includes the right to exempt their children from objectionable sex education programs in public schools. Schools usurp parents' fundamental rights when they unilaterally introduce children to topics of human sexuality without parental notice or permission. Alleged violations of these rights merit strict scrutiny review from courts. When parents' objections are confined to discrete, tangible events, parents are constitutionally entitled to exempt their children from objectionable activities. The efficacy of this constitutional relief is more limited, however, when parental objections are pervasive and unassociated with a …


The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley Jan 2009

The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley

Duke Journal of Gender Law & Policy

Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.


Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne Jan 2009

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne

Faculty Scholarship

This article reports on the thick layers of law applicable to claims of religious exception to public and private employment workplaces in the United States. It reviews the Supreme Court's First and Fourteenth Amendment salient holdings, distinguishing public sector (government) workplaces, and the extent to which legislative bodies may and may not oblige private employers to "accommodate" religiously-asserted requirements. It also provides exhaustive footnote analyses of all major federal statutes (plus some representative state and local law variations) pertinent to the topic. Its principal conclusions are these: In the currently prevailing view of the U.S. Supreme Court, neither public nor …


Cultural Values And Government, Walter E. Dellinger Iii Jan 2008

Cultural Values And Government, Walter E. Dellinger Iii

Faculty Scholarship

Mr. Dellinger Mr. Dellinger originally delivered these remarks for the panel entitled The Role of Government in Defining Our Culture, at the Federalist Society’s 2006 National Lawyers Convention, on Saturday, November 18, 2006, in Washington, D.C. commenting on the Ninth Circuit decision Finley v. National Endowment for the Arts. The case involved the constitutionality of the Helms Amendment which required that the National Endowment for the Arts take decency into account in choosing who should be awarded artistic grants.


Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan Jan 2007

Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan

Duke Journal of Gender Law & Policy

No abstract provided.


Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson Jan 2007

Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson

Duke Journal of Gender Law & Policy

The overwhelming majority of support for bans on same-sex civil marriage has come from religious believers, and the so-called "secular justifications" for these bans are mere pretexts for religious beliefs that homosexuality, homosexuals, and same-sex couples are evil or sinful. Courts should take a hard look at the substantive justifications offered in support of same-sex marriage bans, bearing in mind that (1) these justifications are universally offered by religious believers but are infrequently offered by credentialed Secularists, and (2) they are the result of a studied use of pretextual, secular-sounding language to cloak a religiously-motivated bias against homosexuals and same-sex …


The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker Oct 2006

The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker

Duke Journal of Comparative & International Law

No abstract provided.


Walking While Muslim, Margaret Chon, Donna E. Arzt Apr 2005

Walking While Muslim, Margaret Chon, Donna E. Arzt

Law and Contemporary Problems

The authors examine the linkage between the social justice claims of Japanese Americans during WWII and Muslim Americans in today's post-9/11 era. Muslims are considered a significant component of the war on terror, but it is unclear whether this classification is based upon race or religion.


Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton Apr 2000

Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton

Law and Contemporary Problems

Hamilton first examines Pres Bill Clinton's rhetoric, and then his Administration's actions to promote religious free exercise. She hopes to show that the Administration has integrated religious entities into administrative agenda-setting, which is consciously intended to serve religious ends.


The Culture Of Belief And The Politics Of Religion, William P. Marshall Apr 2000

The Culture Of Belief And The Politics Of Religion, William P. Marshall

Law and Contemporary Problems

Religion has stood at the center of the American stage during the years of Bill Clinton's presidency. Marshall argues that the political manifestation of religion is not confined to the instances when religion becomes involved in express political activity, such as lobbying or partisan politics, but rather, religion must be understood as a pervasive social force that has an inevitable political effect.


A Judicial Postscript To The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne Jan 1990

A Judicial Postscript To The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne

Faculty Scholarship

This work is a continuation of the debate regarding the Establishment Clause. The focus lies with Justice O’Connor’s concurrence in County of Allegheny v. ACLU and how this opinion harkens back to a concept shared by Jefferson and Madison, that the establishment clause is designed to prevent government favoritism.