Law Commons^™

Images, Spirituality, And Law, Richard Stith

Law Faculty Publications

No abstract provided.

Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul Bader

Faculty Articles and Papers

In Church of the Lukumi Babalu Aye v. City of Hialeah,1 a Florida district court has gone further than any other federal court in proscribing a church's right to exercise its religious beliefs. The district court found that the city's interests in public health, child welfare, and animal welfare were sufficient to override the protection provided under the free exercise clause of the First Amendment.2 After the Eleventh Circuit Court of Ap- peals affirmed in an unpublished opinion the Supreme Court granted cer- tiorari to decide whether the First Amendment3 protects a religion's prac- tice of animal sacrifice. The Supreme …

Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent

Faculty Publications

No abstract provided.

Religion And The Law In The Commonwealth Of Independent States And The Baltic Nations, 4 Touro J. Transnat'l L. 103 (1993), Ralph Ruebner, Mary L. Martin, Carolyn H. Gasey

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West

Political Science Faculty Publications

One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise clause …

Gender-Related Persecution: A Legal Analysis Of Gender Bias In Asylum Law, Sunny Kim

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith

Law Faculty Publications

No abstract provided.

The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth J. Samuels

Indiana Law Journal

No abstract provided.

New York State School Boards Ass'n V. Sobol: A Commendable Attempt To Apply Confusing Establishment Clause Standards, Alan R. Gries

Villanova Law Review

No abstract provided.

The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch

American Indian Law Review

No abstract provided.

Erastian And Sectarian Arguments In Religiously Affiliated American Law Schools, Thomas L. Shaffer

Journal Articles

The legal education establishment in the United States some time ago gave up discouraging religiously affiliated law schools. Its support for them now, however, is conditioned on their approaching religious affiliation in a manner that is seen as consistent with the dominant American attitude toward religion—that religion is a private affair and that public moral issues, including issues of jurisprudence and professional ethics, are secular issues, to be talked about in secular language, pursuant to secular principles, and in a secular style.

I begin here by considering the requirement of the American Bar Association, in its Standards for the Approval …

Abraham, Isaac, And The State: Faith-Healing And Legal Intervention, Henry J. Abraham

University of Richmond Law Review

As a Cambridge magistrate in the England of 1960, Lady Rothschild doubtless considered herself an unlikely candidate for participation in a biblical drama reenactment. Nonetheless, on October 21, 1960, she willingly played the role of the last- minute angel of mercy in a virtual reenactment of the story of Abraham and Isaac -a story which, with unfortunate variations in the outcome for the child, seems destined to be repeated frequently in the future.

Is The Idea Of Human Rights Ineliminably Religious?, Michael J. Perry

University of Richmond Law Review

The name of the state where I was born and raised-Kentucky-derives from a Native American word meaning "the dark and bloody ground." Were there an Indian word for "the dark and bloody time," it would aptly name this century, a century as unrelentingly dark and bloody as any in human history. In the midst of all the terrible inhumanity of the twentieth century, however, there is a hopeful story: the emergence in international law of the idea of human rights.

Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel

Seattle University Law Review

Accordingly, in light of this struggle to balance public health with religious liberty, this Article chronicles the evolving liberties and liabilities of religious patients, parents, and healers over the course of the twentieth century and examines the current state of religious healing law. Throughout, it advocates the greatest possible liberty for religious healing consistent with public and family security, as well as advocating equal protection under the law for all involved in religious treatment, whether they are members of organized religious groups or individual practitioners.

Islamic International Law And Public International Law: Separate Expressions Of World Order, David A. Westbrook

Journal Articles

No abstract provided.

How I Changed My Mind, Thomas L. Shaffer

Journal Articles

My own changes of mind are not unique. I am one of a small group of law teachers who have, over the last thirty years, become clearer in formulating an Hebraic legal ethic. We are a minority who have become bolder. We owe such courage as we have located for that to modern pioneers, most notably Harold Berman, and, more lately, Emily Hartigan. What has changed most for us has been the clarity of our public witness; the substance all along has been old-time religion. When I say "clarity" I mean that we have come to see this substance in …

Foreword To An Interview With Fred Korematsu, Larry Yackle

Faculty Scholarship

One afternoon in the spring of 1942, Fred Korematsu was arrested for doing what would have been perfectly innocent and natural for millions of other American citizens, but was for him a criminal offense. He went for a stroll with his fianc6e along a public street in San Leandro, California.' By order of General John L. DeWitt, Americans of Japanese ancestry had been directed to remain in their homes during daylight hours and to ready themselves for transport to "assembly centers," where they would wait out the war.' Korematsu's family had already reported to such a center near San Francisco, …

Journeying Through The Valley Of Evil., Douglas O. Linder

Faculty Works

No abstract provided.

A Critique Of Religion As Politics In The Public Sphere, Ruti Teitel

Articles & Chapters

No abstract provided.

Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin

Faculty Publications

Introduction to the Symposium: Religion and the Public Schools after Lee v. Weisman. Cleveland, Ohio, 1993

Table Of United States Supreme Court Decisions Relating To Religious Liberty 1789-1994, Carl H. Esbeck

Faculty Publications

No abstract provided.

1993 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important case law developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Supreme Court has granted review during the 1993-94 term. The focus here is on significant or interesting cases that may otherwise escape broad attention. Only the facts and rationale of each decision is summarized. No editorial comment on the merits of these cases is intended.

Transfer Of Property By Inheritance And Bequest In Biblical Law And Tradition, Richard H. Hiers

UF Law Faculty Publications

In what follows, we first review briefly the kinds of property subject to transfer by inheritance or bequest. Next, we examine texts pertaining to intestate succession - that is, transfer of property by operation of law upon the death of the property holder without explicit provision by will or bequest as to who will inherit or take afterwards. As a summary expression, such transfers will be designated as "inheritance." In this context, we note the relevance of certain provisions regarding levirate marriage and the Year of Jubilee. We also consider the problematic nature of the so-called birthright practice in this …

Book Review. Choosing The Dream: The Future Of Religion In American Public Life By F. M. Gedicks And R. Hendrix, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

All Faculty Scholarship

This article examines specific restrictions promulgated and practiced during the Persian Gulf War, provides a brief historical analysis of how the United States and other nations have traditionally accommodated the religious activities of their military personnel, and addresses the question of how far we can constitutionally limit the free-exercise rights of the people in the military in light of current Supreme Court jurisprudence.

Profit, Progress And Moral Imperatives, Deborah W. Post

Scholarly Works

No abstract provided.