Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Religion Law (203)
- Constitutional Law (114)
- First Amendment (103)
- Law and Society (56)
- Arts and Humanities (45)
-
- Civil Rights and Discrimination (36)
- Religion (33)
- Law and Politics (30)
- Legal Ethics and Professional Responsibility (26)
- Legal History (24)
- Education Law (23)
- Criminal Law (22)
- International Law (22)
- Jurisprudence (22)
- Law and Gender (22)
- Social and Behavioral Sciences (20)
- Courts (19)
- Human Rights Law (19)
- Supreme Court of the United States (19)
- State and Local Government Law (18)
- Comparative and Foreign Law (17)
- Family Law (15)
- Fourteenth Amendment (15)
- Legal Profession (14)
- Health Law and Policy (13)
- Law and Philosophy (13)
- Judges (11)
- Business Organizations Law (10)
- Labor and Employment Law (10)
- Institution
-
- Fordham Law School (117)
- Pepperdine University (48)
- Touro University Jacob D. Fuchsberg Law Center (28)
- University of Maryland Francis King Carey School of Law (27)
- Seattle University School of Law (25)
-
- Maurer School of Law: Indiana University (22)
- University of Michigan Law School (21)
- University of San Diego (17)
- University of South Carolina (15)
- Washington and Lee University School of Law (15)
- Case Western Reserve University School of Law (13)
- Notre Dame Law School (13)
- St. John's University School of Law (10)
- University of Missouri School of Law (10)
- William & Mary Law School (10)
- Duke Law (8)
- St. Mary's University (8)
- Marquette University Law School (7)
- Vanderbilt University Law School (7)
- Cleveland State University (6)
- University of Arkansas at Little Rock William H. Bowen School of Law (6)
- Villanova University Charles Widger School of Law (6)
- Association of American Law Schools (5)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (5)
- New York Law School (5)
- Northwestern Pritzker School of Law (5)
- University of Cincinnati College of Law (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- West Virginia University (5)
- American University Washington College of Law (4)
- Publication Year
- Publication
-
- Fordham Law Review (86)
- Pepperdine Law Review (44)
- Fordham Urban Law Journal (30)
- University of Maryland Law Journal of Race, Religion, Gender and Class (27)
- Seattle University Law Review (25)
-
- Touro Law Review (24)
- San Diego Law Review (17)
- Indiana Law Journal (15)
- South Carolina Law Review (15)
- Notre Dame Law Review (12)
- Michigan Law Review (11)
- Case Western Reserve Law Review (10)
- Missouri Law Review (9)
- Washington and Lee Law Review (9)
- Journal of Catholic Legal Studies (7)
- Indiana Journal of Global Legal Studies (6)
- Vanderbilt Law Review (6)
- Villanova Law Review (6)
- William & Mary Bill of Rights Journal (6)
- Cleveland State Law Review (5)
- Journal of Legal Education (5)
- Michigan Journal of International Law (5)
- NYLS Law Review (5)
- Nevada Law Journal (5)
- St. Mary's Law Journal (5)
- University of Arkansas at Little Rock Law Review (5)
- University of Cincinnati Law Review (5)
- Washington and Lee Law Review Online (5)
- West Virginia Law Review (5)
- Chicago-Kent Law Review (4)
Articles 1 - 30 of 567
Full-Text Articles in Law
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Mississippi College Law Review
The United States Supreme Court's revolutionary ruling in Obergefell v. Hodges, which guaranteed marriage equality for homosexual couples in every state, gave life to a new challenge in the area of free exercise of religion: to what extent should persons with religious objections to same-sex marriages be forced to participate in them? Should a Christian baker be legally required to bake a wedding cake for a homosexual marriage to which he or she objects? Must a county clerk with religious objections to homosexual marriage sign a marriage license for a same-sex couple?
In an attempt to pre-empt these types of …
Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, Jake S. Neill
Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, Jake S. Neill
Pepperdine Law Review
In June of 2022, the Supreme Court decided in Kennedy v. Bremerton School District that an Establishment Clause inquiry “focused on original meaning and history” would replace Lemon’s endorsement test. But after announcing the test, the Court neglected to describe or apply it. This Comment attempts to fill that void. After analyzing the Court’s Establishment Clause jurisprudence, this Comment proposes tenets of the history and tradition test and applies those tenets to Allegheny County v. ACLU, a case decided under Lemon. Finally, this Comment concludes by arguing that the history and tradition inquiry supports pluralism, humility, tolerance, and a healthy …
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Indiana Law Journal
It is a volatile time in the jurisprudence of the First Amendment’s Religion Clauses. In recent terms, the U.S. Supreme Court has revisited many key Church-State and free exercise questions, and the Justices seem poised to revisit several more. Each of these fundamental questions presupposes an antecedent question: what, for constitutional purposes, is religion itself? The Court has never answered this question consistently or systematically. But, at least in the case of constitutionally mandated religious exemptions, a clear pattern emerges over time: the broader the Court’s definition of religion, the weaker its regime of religious exemptions. The reverse has also …
Parting The Red Sea: Prescriptions For The Rluipa Equal Terms Provision's Expanding Circuit Split, Braden T. Meadows
Parting The Red Sea: Prescriptions For The Rluipa Equal Terms Provision's Expanding Circuit Split, Braden T. Meadows
Georgia Law Review
Congress unanimously passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000. The Act marked the culmination of a decades-long dialogue between Congress and the Supreme Court. RLUIPA’s passage embodied Congress’s resolve to provide religious free exercise protections—particularly as it pertained to religious land use. Since 2000, however, RLUIPA’s Equal Terms Provision has been subject to differing judicial interpretations, resulting in an expanding circuit split. This Note analyzes the circuit split and offers guidance to future interpreters.
First, this Note examines the social, legislative, and judicial history leading to RLUIPA’s enactment. Second, it analyzes the contours of interpretations …
Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause, Griffith B. Bludworth
Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause, Griffith B. Bludworth
University of Cincinnati Law Review
No abstract provided.
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
University of Cincinnati Law Review
No abstract provided.
School Matters, Ronna Greff Schneider
School Matters, Ronna Greff Schneider
University of Cincinnati Law Review
No abstract provided.
Stay Out Of My Head: Neurodata, Privacy, And The First Amendment, Wayne Unger
Stay Out Of My Head: Neurodata, Privacy, And The First Amendment, Wayne Unger
Washington and Lee Law Review
The once science-fictional idea of mind-reading is within reach as advancements in brain-computer interfaces, coupled with advanced artificial intelligence, produce neurodata—the collection of substantive thoughts as storable and processable data. But government access to individuals’ neurodata threatens personal autonomy and the right to privacy. While the Fourth Amendment is traditionally considered the source of privacy protections against government intrusion, the First Amendment provides more robust protections with respect to whether governments can access one’s substantive ideas, thoughts, and beliefs. However, many theorists assert that the concept of privacy conflicts with the First Amendment because privacy restricts the flow of information …
How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck
How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck
ACTEC Law Journal
This essay aims to stimulate interest in further empirical study of attitudes toward will making by reporting the results of a 2022 survey conducted in Australia of the general population (n=1202) and legal professionals (n=112). We asked participants for their views about the ideal age at which to begin the will-making process and the relative contributions of the client and attorney to any resulting will. There was a discernible gender-based difference in views on both questions. Women preferred to initiate those conversations approximately six years earlier than men did and, especially at earlier life stages, preferred less professional input into …
The Divine Right Of Judges: How Christian Thought Shaped The American Judiciary, Elise Mclaren Villers
The Divine Right Of Judges: How Christian Thought Shaped The American Judiciary, Elise Mclaren Villers
St. Mary's Law Journal
This Essay continues a discussion on the authority of courts, executives, and legislators to govern nations where the law diverges from necessity or morality. In a previous Comment, P. Elise McLaren, Answering the Call: A History of the Emergency Power Doctrine in Texas and United States, 53 St. Mary’s L.J. 287 (2022), I asked whether necessity or emergency ever supersedes the law, i.e., whether “emergency powers” exist. In this Essay, I ask whether the government is held accountable to a force other than the people themselves, namely, religious influence. As was done with respect to emergency powers, I ask …
Establishing An End To Lemon In The Eleventh Circuit, Amanda Harmon Cooley
Establishing An End To Lemon In The Eleventh Circuit, Amanda Harmon Cooley
University of Miami Law Review
Over half a century ago, the Supreme Court decided Lemon v. Kurtzman, the most controversial Establishment Clause case in judicial history. And despite the Lemon test’s constant criticism, the Court has never expressly overruled the decision in its entirety. This continues to be the case even after Kennedy v. Bremerton School District, in which the Court noted Lemon’s abandonment rather than its complete abrogation. As a result, lower federal district courts have been left in limbo regarding whether Lemon is fair game for any of their Establishment Clause determinations and have been inconsistent in using it as …
When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke
When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke
University of Cincinnati Law Review
No abstract provided.
Religion As Disobedience, Xiao Wang
Religion As Disobedience, Xiao Wang
Vanderbilt Law Review
Religion today offers plaintiffs a ready path to disobey laws without consequence. Examples of such disobedience abound. In the past few years alone, courts have enjoined vaccine mandates, invalidated stay-at-home orders, and set aside antidiscrimination laws protecting same-sex couples. During the 2021-2022 Term, plaintiffs relied once again on free exercise to subvert laws governing public education, capital punishment, and school prayer. Some hospitals have begun denying fertility treatment to LGBTQ employees on this same basis.
How did religion become a skeleton key for lawbreaking without repercussion? The conventional wisdom is that, after decades of neglect, the Supreme Court finally began …
Reflections On The Creation Of The Jewish Law Institute At Touro, Randy Lee
Reflections On The Creation Of The Jewish Law Institute At Touro, Randy Lee
Touro Law Review
Having interpreted the topic of our panel liberally, what I want to talk about today is why Sam Levine, director of Touro’s Jewish Law Institute, is here at the conference, or, to put it differently—why does Touro Law School have a Jewish law institute?”
Islamic Republic: An Oxymoron From A Sharia-Based Religion To A Fiqh-Based Cult, Homayoon Rafatijo
Islamic Republic: An Oxymoron From A Sharia-Based Religion To A Fiqh-Based Cult, Homayoon Rafatijo
Mitchell Hamline Law Review
No abstract provided.
The Conference Of Religiously Affiliated Law Schools Foreword, Samuel J. Levine
The Conference Of Religiously Affiliated Law Schools Foreword, Samuel J. Levine
Touro Law Review
No abstract provided.
Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan
Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan
Compass: An Undergraduate Journal of American Political Ideas
In this paper, I explore how Frederick Douglass’ and St. Augustine's understanding of the corruption of God's word produced their respective achievement of freedom. In examining Augustine’s Confessions and Douglass’ Narrative, we come to understand the moral imperative of public service both thinkers promoted; the idea that individuals have a distinct social obligation to share their knowledge in a promotion of the greater good.
Revisiting Employment Division V. Smith, Blaine L. Hutchison
Revisiting Employment Division V. Smith, Blaine L. Hutchison
University of Cincinnati Law Review
The Supreme Court wrongly decided Employment Division v. Smith. Without briefing or argument over the Free Exercise Clause’s meaning, Smith eliminated the constitutional right to exercise religion and replaced it with an equal protection rule. The decision threatens religious freedom and encourages conflict. The Supreme Court should revisit Smith. This article shows that the majority’s arguments in Smith fail and contradict the Free Exercise Clause’s text, purpose, and original meaning.
The Smith majority gave no sound legal or policy reason for its decision. Indeed, the decision conflicted with settled precedents that no party questioned. Nor did it determine …
Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo, Thomas J. Hellenbrand
Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo, Thomas J. Hellenbrand
Notre Dame Law Review
This Note will proceed as follows: Part I will set the stage and briefly outline the history of Kosovo and its current political status. Part II will then introduce the Kosovo Constitution and the process by which international agreements (such as the European Convention of Human Rights) were embedded in the text and made binding legal authority. It will show that, although the international agreements are binding, the Kosovo Constitution does not make international case law obligatory. Part III will then address different foundational documents drafted in anticipation of Kosovo’s statehood and how judicial and administrative institutions should apply them …
Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig
Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig
University of Arkansas at Little Rock Law Review
No abstract provided.
“Meyoru-Т-Tadoyyun” As Religious And Moral Source, Naimov Ismat
“Meyoru-Т-Tadoyyun” As Religious And Moral Source, Naimov Ismat
The Light of Islam
In the second half of the 19th century, marked by intensive scientific researches, the educator and encyclopedist Ahmad Donish left behind a rich scientific legacy, particularly his work Me’yoru-t-tadoyun, which to this day remains poorly studied. Even though the name of this work is known to the scientific community, few people are still familiar with its content. The article analyzes the religious and moral factors that caused the creation of the work Me’yoru-t-tadoyun, the recommendations of Ahmad Donish regarding the coverage of the history of world religions, and the rights of representatives of different religions to consider their beliefs as …
Determining Whether Female Circumcision Is A Human Rights Violation, Mahdiyyah Kasmani
Determining Whether Female Circumcision Is A Human Rights Violation, Mahdiyyah Kasmani
Bridges: An Undergraduate Journal of Contemporary Connections
Female circumcision is a traditional practice commonly associated with culture, religion, or a mix of both. The aim of this paper is to evaluate the controversy surrounding female circumcision and determine whether this practice is justified or a violation of human rights. There are two main critiques of female circumcision as posed by the international community. The first critique is the health risks associated with the procedure and the second risk is the lack of consent within practicing communities. Due to these reasons, female circumcision is not only outlawed in most African countries with its disbandment supported by the African …
Security And Stability Under Sharia- Mohammed Abdul Salam
Security And Stability Under Sharia- Mohammed Abdul Salam
UAEU Law Journal
This paper consists of three parts: The first part deals with preservation of religion and human life. The second part deals with preservation of (ird) (sexual chastity). The third part deals with the preservation of the intellect and private property and wealth. The three topics are discussed in the context of (Islamic Law). The author explained how under the Islamic Law these Issues are safeguarded. With respect to the first topic, that of preserving human life and the integrity of the religion of Islamic, Islamic Law has taken the following measures : 1. It is strictly forbidden to take human …
The Catholic Church And The Paycheck Protection Program: Assessing Nondiscrimination After Trinity Lutheran And Espinoza, Elizabeth Totzke
The Catholic Church And The Paycheck Protection Program: Assessing Nondiscrimination After Trinity Lutheran And Espinoza, Elizabeth Totzke
Notre Dame Law Review
This Note argues the inclusion of houses of worship and the subsequent dispersal of PPP funds to the Catholic Church was explicitly constitutional. Applying the lens of the Supreme Court’s recently announced nondiscrimination principle, this Note considers the ramifications of the SBA’s official policy and explores the constitutional justification for the SBA’s ad hoc PPP policy. In fact, under the nondiscrimination principle, this Note concludes that the SBA’s policy shift was not just constitutionally permissible, but probably constitutionally required.
Political Money: Legal And Comparative Study With The Jordanian Legal System, Mohammed Ali Al-Omari
Political Money: Legal And Comparative Study With The Jordanian Legal System, Mohammed Ali Al-Omari
UAEU Law Journal
Praise be to God and our merciful prayers on Mohammad, the messenger of Allah, Peace be upon him to the judgment day.
This research focuses on one kind of money called the “political money”, and this research explains the meaning of this term, and all terms related to it, and how it can be reflected in the community and religion. From the researcher’s view the political money stands for bribe, boodle, and hypocrisy. Firstly, the researcher illustrates the judgment of the dealing and circulating of this type of money. Secondly, he explains how the law perceives political money, and its …
Kū Kia‘I Mauna: Protecting Indigenous Religious Rights, Joshua Rosenberg
Kū Kia‘I Mauna: Protecting Indigenous Religious Rights, Joshua Rosenberg
Washington Law Review
Courts historically side with private interests at the expense of Indigenous religious rights. Continuing this trend, the Hawai‘i State Supreme Court allowed the Thirty- Meter-Telescope to be built atop Maunakea, a mountain sacred to Native Hawaiians. This decision led to a mass protest that was organized by Native Hawaiian rights advocates and community members. However, notwithstanding the mountain’s religious and cultural significance, Indigenous plaintiffs could not prevent construction of the telescope on Maunakea.
Unlike most First Amendment rights, religious Free Exercise Clause claims are not generally subject to strict constitutional scrutiny. Congress has mandated the application of strict scrutiny to …
Welcome To The New Dignity, Donna M. Hughes
Welcome To The New Dignity, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Disdain Of Heavenly Religions Between The Islamic Law And The United Arab Emirates Law, Layla Salem
The Disdain Of Heavenly Religions Between The Islamic Law And The United Arab Emirates Law, Layla Salem
UAEU Law Journal
The principle of criminalizing the contempt of religions takes a high position among the general principles that prevail in the legal system of any state to guarantee that all individuals in the society can live in harmony and agreement regardless of the differences that may stem from culture, religion or race. In agreement with this trend, the UAE legislator issued Law No. (2) in 2015 for preventing discrimination and hatred which requires the criminalization of acts associated with the contempt of religions and their holy sites and the fight against all forms of discrimination and rejection of hatred speech in …
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
Journal of Race, Gender, and Ethnicity
No abstract provided.
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Journal of Race, Gender, and Ethnicity
No abstract provided.