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Full-Text Articles in Law
Can The Extent Of Religious Freedom Be Measured?, Marcel Stuessi
Can The Extent Of Religious Freedom Be Measured?, Marcel Stuessi
Marcel Stüssi
The purpose of this paper is to develop a method to assess the extent of religious freedom internalized by a country. It represents an effort to provide a framework of possible patterns of the right to individual or collective religious freedom, as well as resulting configurations between religious institutions and the state. With this aim in mind, the paper claims two things. Firstly, that the extent of the constitutionally protected right to religious freedom can be assessed along three dimensions – one measuring the level of state interference with individual religious freedom, another involving the amount of collective religious autonomy …
Religious Freedom In Private Lawsuits: Untangling When Rfra Applies To Suits Involving Only Private Parties, Sara Lunsford Kohen
Religious Freedom In Private Lawsuits: Untangling When Rfra Applies To Suits Involving Only Private Parties, Sara Lunsford Kohen
Sara Kohen
Religious Freedom in Private Lawsuits: Untangling When RFRA Applies to Suits Involving Only Private Parties, for publication discusses when courts should apply the Religious Freedom Restoration Act (“RFRA”) in cases in which the federal government is not a party. Congress passed RFRA in reaction to the Supreme Court’s decision in Employment Division v. Smith. The Court held in Smith that the Constitution does not require religious exemptions from neutral, generally applicable laws—those that do not target religion and cover non-religious conduct to the same extent as religious conduct. By contrast, RFRA allows a federal law to substantially burden a religious …
Property And Belongingness: Rethinking Gender-Biased Disinheritance, Dr. Shelly Kreiczer Levy, Dr. Meital Pinto
Property And Belongingness: Rethinking Gender-Biased Disinheritance, Dr. Shelly Kreiczer Levy, Dr. Meital Pinto
Dr. Meital Pinto
For centuries, women have been disinherited from family wealth because of cultural traditions and religious rules that suggest their social role does not require an inheritance. Religious or traditionalist testators still adhere to this belief, exercising their testamentary freedom. Moreover, American law respects the testator’s wishes whether they are petty, vindictive or discriminatory. We make the novel argument that the law should not protect gender-biased bequests, as they are contrary to public policy. Our argument centers on a reconfiguration of inheritance in a way that includes its symbolic effect on disinherited relatives, redefining the social, relational and familial role of …