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Articles 1 - 12 of 12

Full-Text Articles in Law

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery Nov 1991

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery

Faculty Scholarship

No abstract provided.


A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec Jul 1991

A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec

All Faculty Scholarship

This article focuses on the role of religious conflict between parents in determining child custody and visitation disputes. It suggests a framework for reconciling parental control over religious observance and training with the state's duty to protect the child's best interests. First, it examines the history of English and American child custody law and analyzes modern custody cases in which religion is a factor. Next, it addresses the alarming recent attempt by courts to resolve religious disputes with a shared custody approach, awarding 'spiritual custody' to one parent and 'physical custody' to the other. Finally, this article proposes ...


Paradigms Lost: The Second Circuit Faces The New Era Of Religion Clause Jurisprudence, 57 Brook. L. Rev. 547 (1991), Donald L. Beschle Jan 1991

Paradigms Lost: The Second Circuit Faces The New Era Of Religion Clause Jurisprudence, 57 Brook. L. Rev. 547 (1991), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Politics Of Virtue: Animals, Theology, And Abortion, Elizabeth B. Boyer, Alan Freeman Jan 1991

The Politics Of Virtue: Animals, Theology, And Abortion, Elizabeth B. Boyer, Alan Freeman

Journal Articles

No abstract provided.


The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Raymond C. O'Brien, Michael T. Flannery Jan 1991

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Raymond C. O'Brien, Michael T. Flannery

Scholarly Articles and Other Contributions

This Article analyzes the conflict between statutory child abuse reporting requirements for clergy and the clergy-communicant privilege for confidential communications made within specific religious practices. The constitutional conflict arises between the state's interest in the protection of children by requiring that suspected cases of abuse be reported and the clergy's interest in the free exercise of their religious tenets by maintaining confidentiality. This analysis recognizes that state legislators have broadened reporting requirements to include more and more classes of people in an effort to arrest the tremendous increase in child abuse in the past decade. As a result ...


A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez Jan 1991

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


O'Connor: A Dual Role - An Introduction, Stephen Wermiel Jan 1991

O'Connor: A Dual Role - An Introduction, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Volitionalism And Religious Liberty, David C. Williams, Susan H. Williams Jan 1991

Volitionalism And Religious Liberty, David C. Williams, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Of Outlaws, Christians, Horsemeat, And Writing: Uniform Laws And Saga Iceland, William I. Miller Jan 1991

Of Outlaws, Christians, Horsemeat, And Writing: Uniform Laws And Saga Iceland, William I. Miller

Articles

Our word law is a loanword from Old Norse.1 It makes its earliest appearances in Old English manuscripts in the late tenth century. At that time the Old English word for law was, believe it or not, æ, written as a digraph called "ash." Now most readers, myself included, tend to experience anxiety when we confront a ligatured vowel like ae and so we untie it as a prelude to getting rid of it altogether: we turn an aesthete2 into an aesthete before finally humiliating him (or her) as an esthete, all to resolve our nervousness. King Æthelred the ...


Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes Jan 1991

Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes

Journal Articles

England's historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total ...


The Religious, The Secular, And The Antithetical, Frederick Mark Gedicks Jan 1991

The Religious, The Secular, And The Antithetical, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.


Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley Jan 1991

Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley

Journal Articles

From all the talk about our religious pluralism—how extensive, indelible, inarbitrable it is—one would expect that establishing one definition of religious liberty would be the mother of all civic disturbances. Wrong. We have a common definition of religious liberty. I can demonstrate our agreement with one exhibit: the immensely broad based denunciation of the 1990 Supreme Court decision, Employment Division v. Smith. Two counsellors at a drug rehabilitation center (Alfred Smith and Galen Black) appealed Oregon’s denial of unemployment benefits. Oregon cited the “misconduct” that led to their discharges. Their “misconduct” consisted of using the hallucinogenic drug ...