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Full-Text Articles in Law
Non-Merit-Based Tests Have No Merit: Restoring District Court Discretion Under § 1915(E)(1), John R. Fitzgerald
Non-Merit-Based Tests Have No Merit: Restoring District Court Discretion Under § 1915(E)(1), John R. Fitzgerald
Notre Dame Law Review
This Note evaluates the circuit split regarding the provision of counsel in prisoner civil rights cases and proposes a uniform test. Part I describes the historical background of the right to counsel and prisoner litigation in the United States. Part II outlines the current circuit split regarding § 1915(e)(1). Part III explains why all district courts should consider merit and substance, using a case study to illustrate the deficiencies of non-merit-based tests. Part IV demonstrates why merit and substance are the best metrics for deciding when to provide counsel. Ultimately, this Note asserts that all district judges should consider: (1) …
Headscarf Bans, Equal Treatment, And Minority Integration In The Workplace, Elizabeth A. Clark
Headscarf Bans, Equal Treatment, And Minority Integration In The Workplace, Elizabeth A. Clark
Notre Dame Law Review Reflection
Andrea Pin’s Essay on the Achbita and Bougnaoui cases effectively highlights the significance of the cases and the singularity of the rulings, as well as the tension they create with other European Union norms and policies. The European Court of Justice’s (ECJ) rulings in these cases are also in tension with the court’s own discrimination law and exacerbate the pressing European question, particularly significant in light of the recent migration crisis, of how best to incorporate ethnic and religious minorities into a society.
Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett G. Scharffs
Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett G. Scharffs
Notre Dame Law Review Reflection
It seems likely that change in Islam will be affected both by outside and internal sources, as was the case for the Catholic Church and its journey to Dignitatis Humanae. However, one thing the Catholic experience suggests is that meaningful and profound change does not simply come from outside pressures; it comes from authentic and sincere evaluation and interpretation by insiders of a religious tradition of that tradition itself. Thus, if Islam is going to come to embrace religious freedom as an important value, this will be the result, significantly if not primarily, of Muslims interpreting their own sacred …
Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein
Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein
Journal of Legislation
No abstract provided.
There Is A Place For Muslims In America: On Different Understandings Of Neutrality, Mark A. Goldfelder
There Is A Place For Muslims In America: On Different Understandings Of Neutrality, Mark A. Goldfelder
Notre Dame Law Review Reflection
American neutrality is not about the government making sure religion is not visible or even treated benevolently. The American concept of neutrality just means that the government should not treat religion as special, for better or for worse, simply because it is religion. For example, the Supreme Court has repeatedly held that laws touching religion must have a valid secular purpose, and not serve primarily to advance or inhibit religion. But that does not mean that religion should not be respected. The key to the American conception of religious neutrality lies in the understanding that religion is valuable—despite what strict …