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Articles 1 - 8 of 8
Full-Text Articles in Law
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders
Notre Dame Law Review
In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the Trinity Lutheran …
Employment Division V. Smith And State Free Exercise Protections: Should State Courts Feel Obligated To Apply The Federal Standard In Adjudicating Alleged Violations Of Their State Free Exercise Clauses?, Matthew Linnabary
Notre Dame Law Review Reflection
State courts should feel free to apply whatever test is most appropriate based on the textual provisions of their state constitution that protects the free exercise or worship of its citizens. Of course, such freedom to the state courts is greatly limited in many states by the passage of their own Religious Freedom Restoration Acts. These acts generally set forth precisely how the courts must determine whether or not a law violates the free exercise or worship of a claimant. Even if not limited by a RFRA—which would generally require strict scrutiny—a state court should apply strict scrutiny to violations …
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 …
How Would The European Court Of Human Rights Decide Holt V. Hobbs?, Francesca M. Genova
How Would The European Court Of Human Rights Decide Holt V. Hobbs?, Francesca M. Genova
Notre Dame Law Review Reflection
This Essay inquires: How would the ECtHR decide Holt v. Hobbs, given the same evidence provided at the district court level and the reasoning of the court of appeals? Analyzing this case through the ECtHR’s lens will elucidate the implications of the proportionality test in American jurisprudence. To do so, Part I will compare the two jurisdictions. Part II will summarize Holt v. Hobbs. Part III will describe the ECtHR’s relevant recent free exercise jurisprudence. Part IV will discuss how, based on this analysis, the ECtHR could decide Holt v. Hobbs in light of its overarching principles. Finally, …
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 …
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
Notre Dame Journal of International & Comparative Law
Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …
Irreconcilable Differences? Whole Woman’S Health, Gonzales, And Justice Kennedy’S Vision Of American Abortion Jurisprudence, O. Carter Snead, Laura Wolk
Irreconcilable Differences? Whole Woman’S Health, Gonzales, And Justice Kennedy’S Vision Of American Abortion Jurisprudence, O. Carter Snead, Laura Wolk
Journal Articles
A law is unconstitutional if it "has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus."' Twenty-five years have elapsed since a plurality of the Supreme Court articulated this undue burden standard in Planned Parenthood of Southeastern Pennsylvania v. Casey, yet its contours remain elusive. Notably, two current members of the Court-Justice Breyer and Justice Kennedy-seem to fundamentally differ in their understanding of what Casey requires and permits. In Gonzales v. Carhart, Justice Kennedy emphasized a wide range of permissible state interests implicated by abortion and indicated …
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
Journal Articles
Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …