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Articles 1 - 30 of 37
Full-Text Articles in Law
Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero
Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
Faculty Scholarship
This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Faculty Scholarship
This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …
Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan
Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Making Contraception Easier To Swallow: Background And Religious Challenges To The Hhs Rule Mandating Coverage Of Contraceptives, Chad Brooker
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Faculty Scholarship
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das
Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff
Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg
And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi
Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn
If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn
Schmooze 'tickets'
No abstract provided.
Religion And Jacksonian America, Keith E. Whittington
Religion And Jacksonian America, Keith E. Whittington
Schmooze 'tickets'
No abstract provided.
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Schmooze 'tickets'
No abstract provided.
Like A Hole In The Head, Lief H. Carter
Religion And Constitutionalism: Indigenous Societies, David S. Bogen
Religion And Constitutionalism: Indigenous Societies, David S. Bogen
Schmooze 'tickets'
No abstract provided.
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray
Faculty Scholarship
This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as a source of both stability and instability. Drawing on a broader body of work in transitional justice, this essay argues that religion has an important role to play in the complex web of overlapping associations and oppositions constitutive of a dynamically stable society and further contends that constitutional protections which encourage a diversity of religions provide the best hope of harnessing that potential while limiting the dangers of religion evidenced in numerous cases of mass atrocity.
Strings Attached: An Analysis Of The Eruv Under The Religion Clauses Of The First Amendment And The Religious Land Use And Institutionalized Persons Act, Alexandra Lang Susman
Strings Attached: An Analysis Of The Eruv Under The Religion Clauses Of The First Amendment And The Religious Land Use And Institutionalized Persons Act, Alexandra Lang Susman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello
A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia
Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Accommodating Religion And Law In The Twenty-First Century, Andrew J. King
Accommodating Religion And Law In The Twenty-First Century, Andrew J. King
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.