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Full-Text Articles in Law
Board Of Education Of Kiryas Joel Village School District V. Grunet: The Supreme Court Shall Make No Law Defining An Establishment Of Religion, Joanne Kuhns
Pepperdine Law Review
No abstract provided.
Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test, Christian W. Johnston
Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test, Christian W. Johnston
Pepperdine Law Review
No abstract provided.
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Pepperdine Law Review
No abstract provided.
Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain
Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain
Pepperdine Law Review
No abstract provided.
Clergy, Sex And The American Way, Raymond C. O'Brien
Clergy, Sex And The American Way, Raymond C. O'Brien
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. …
Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion, Joel A. Nichols
Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion, Joel A. Nichols
Pepperdine Law Review
In order for China to move forward in the international community, it needs to continue to improve its standing on human rights issues. Of particular concern to many observers is the relationship between the government and religion. While foreign religious organizations and missionaries are still heavily regulated by a 1994 law, a new law respecting religious citizens and organizations within China went into effect in 2005. This new law is salutary in some respects in that it provides a much fuller delineation of the relationship between government and religion within China, and it appears more solicitous toward religious rights than …
Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec
Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Congress Giveth, And The Courts Taketh Away: Is Restitutionary Recoupment Of Federal Funds A Proper Remedy When Taxpayers Allege That An Expired Statute Violated The Establishment Clause?, Kendra Williams
Pepperdine Law Review
The Seventh Circuit recently held in Laskowski v. Spellings that grantees of government funding can be forced by taxpayers to give grant money back to the federal government when the grant has allegedly violated the Establishment Clause - even when the grant statute expired years ago, the funds have long since been spent, and the government does not want the money back. Laskowski's new remedy has the potential for widely impacting Establishment Clause jurisprudence, especially in the areas of government funding for sectarian schools and other religiously-affiliated groups. The ready availability of a recoupment remedy could also have far-reaching and …
A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler
A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler
Pepperdine Law Review
No abstract provided.
Natural Selection, Irreducible Complexity, And The Bacterial Flagellum: A Contrarian Approach To The Intelligent Design Debate , David Crump
Natural Selection, Irreducible Complexity, And The Bacterial Flagellum: A Contrarian Approach To The Intelligent Design Debate , David Crump
Pepperdine Law Review
No abstract provided.
Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause , William A. Glaser
Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause , William A. Glaser
Pepperdine Law Review
No abstract provided.
Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith
Constitutional Divide: The Transformative Significance Of The School Prayer Decisions, Steven D. Smith
Pepperdine Law Review
This article challenges the standard view in which Everson v. Board of Education was the foundational and most important establishment clause decision and the school prayer decisions of the early 1960s (Engel v. Vitale and Abington School District v. Schempp) were virtually automatic corollaries. In fact, the article argues, it was the school prayer decisions that were foundational, subverting Everson’s “no aid separationism,” and animating not only later establishment clause jurisprudence but much else in constitutional and public discourse besides. Indeed, it is plausible to see the influence of the school prayer decisions and their articulation of secular neutrality as …