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Articles 1 - 11 of 11
Full-Text Articles in Law
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
Publications
This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …
Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters
Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters
Northern Illinois University Law Review
This Casenote discusses the Supreme Court opinion in Lyng v. Northwest Indian Cemetery Protective Association, which approved road construction across land held sacred by various North American Indian tribes. The Note examines the free exercise clause of the first amendment under which the Indians challenged the Forest Service project, and that clause's development through constitutional case law as a guarantee of fundamental religious rights. This Note suggests that the Court's incremental departure from strict scrutiny analysis in free exercise controversies has, at least for Native Americans, culminated with the decision in Lyng.
Onward Constitutional Soldiers, Milner S. Ball
Onward Constitutional Soldiers, Milner S. Ball
Michigan Law Review
A Review of Constitutional Faith by Sanford Levinson
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
William & Mary Law Review
No abstract provided.
Defining Religion In The First Amendment: A Functional Approach , Ben Clements
Defining Religion In The First Amendment: A Functional Approach , Ben Clements
Cornell Law Review
No abstract provided.
Living Without Rights-- In Manners, Religion, And Law, Richard Stith
Living Without Rights-- In Manners, Religion, And Law, Richard Stith
Law Faculty Publications
No abstract provided.
Constitutional Law: Guinn V. Collinsville Church Of Christ: Balancing An Individual's Right To Tort Compensation And The First Amendment's Religion Clauses, David K. Ratcliff
Constitutional Law: Guinn V. Collinsville Church Of Christ: Balancing An Individual's Right To Tort Compensation And The First Amendment's Religion Clauses, David K. Ratcliff
Oklahoma Law Review
No abstract provided.
After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky
After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky
Scholarly Works
No abstract provided.
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle
Fordham Law Review
No abstract provided.
The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall
The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall
Faculty Publications
No abstract provided.
Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley
Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley
Journal Articles
"Separation of church and state" is right up there with Mom, apple pie, and baseball in American iconography. If everyone agrees on separation of church and state, why does the relationship between religion and public life so vex, excite, and confound us? Part of the reason is that church-state separation, although it is the historical achievement of societies decisively shaped by a Christianity that was itself decisively shaped by Judaism, is a commodious concept.
But "separation of church and state" is not contentless, and our conclusive agreement on it, I submit, provides a valuable common frame of reference in an …