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Articles 1 - 17 of 17
Full-Text Articles in Law
Press Definition And The Religion Analogy, Ronnell Andersen Jones
Press Definition And The Religion Analogy, Ronnell Andersen Jones
Faculty Scholarship
n a Harvard Law Review Forum response to Professor Sonja West's symposium article, "Press Exceptionalism," Professor RonNell Andersen Jones critiques Professor West's effort to define "the press" for purposes of Press Clause exceptions and addresses the weaknesses of Professor West's analogy to Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC in drawing these definitional lines. The response highlights distinctions between Press Clause and Religion Clause jurisprudence and urges a more functional approach to press definition.
Institutional Religious Exemptions: A Balancing Approach, Leilani N. Fisher
Institutional Religious Exemptions: A Balancing Approach, Leilani N. Fisher
BYU Law Review
No abstract provided.
Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset, Françoise Tulkens
Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset, Françoise Tulkens
BYU Law Review
No abstract provided.
The Justification Of Human Rights, David Little
Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill
BYU Law Review
No abstract provided.
"And Should The First Be Last?", Malcolm D. Evans
"And Should The First Be Last?", Malcolm D. Evans
BYU Law Review
No abstract provided.
Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, Louis-Léon Christians
Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, Louis-Léon Christians
BYU Law Review
No abstract provided.
Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin
Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin
BYU Law Review
No abstract provided.
A Broken System: Failures Of The Religious Regulatory System In The People’S Republic Of China, Carl Hollan
A Broken System: Failures Of The Religious Regulatory System In The People’S Republic Of China, Carl Hollan
BYU Law Review
No abstract provided.
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano
BYU Law Review
No abstract provided.
Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano
Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano
BYU Law Review
Foremost, this paper examines the current situation of the rights to religious freedom and democracy around the world, which deserve attention and concern. Civil liberties are currently in crossfire. This article examines the foundations of the right to religious freedom. Depending on the philosophical foundations, there are two different rationales for the right to religious freedom: liberal and anti-liberal. According to the liberal tradition, the best reason to protect religious freedom rests upon the autonomy of the individual conscience. It is clear that a constitutional democracy does not allow the establishment of any religion by the government, using either executive …
Freedom Of Religion In China Under The Current Legal Framework And Foreign Religious Bodies, Ping Xiong
Freedom Of Religion In China Under The Current Legal Framework And Foreign Religious Bodies, Ping Xiong
BYU Law Review
No abstract provided.
The Unconstitutionality Of Religious Vilification Laws In Australia: Why Religious Vilification Laws Are Contrary To The Implied Freedom Of Political Communication Affirmed In The Australian Constitution, Augusto Zimmerman Dr.
The Unconstitutionality Of Religious Vilification Laws In Australia: Why Religious Vilification Laws Are Contrary To The Implied Freedom Of Political Communication Affirmed In The Australian Constitution, Augusto Zimmerman Dr.
BYU Law Review
This article explains the weakness of the argument that religious vilification laws promote harmony and tolerance among religious groups. Rather, they are based on a form of postmodern theory that denies the existence of truth and could be used as a weapon by certain individuals to silence any criticism of their beliefs. These laws have become an invitation to people with extreme views to avoid debate by claiming that they, rather than their beliefs, have been attacked. The author then explains the philosophical underpinnings of religious vilification laws and argues that there is no a priori reason why religious speech …
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
BYU Law Review
No abstract provided.
The Shinto Cases: Religion, Culture, Or Both—The Japanese Supreme Court And Establishment Of Religion Jurisprudence, Frank S. Ravitch
The Shinto Cases: Religion, Culture, Or Both—The Japanese Supreme Court And Establishment Of Religion Jurisprudence, Frank S. Ravitch
BYU Law Review
No abstract provided.
Religion, Meaning, Truth, Life, Frederick Mark Gedicks
Religion, Meaning, Truth, Life, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.
Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion, Frederick Mark Gedicks, Rebecca G. Van Tassell
Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion, Frederick Mark Gedicks, Rebecca G. Van Tassell
Faculty Scholarship
Litigation surrounding use of the Religious Freedom Restoration Act to exempt employers from the Affordable Care Act’s “contraception mandate” is moving steadily towards resolution in the U.S. Supreme Court. Both opponents and supporters of the mandate, however, have overlooked the Establishment Clause limits on such exemptions.
The heated religious-liberty rhetoric aimed at the mandate has obscured that RFRA is a “permissive” rather than “mandatory” accommodation of religion — a government concession to religious belief and practice that is not required by the Free Exercise Clause. Permissive accommodations must satisfy Establishment Clause constraints, notably the requirement that the accommodation not impose …