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Articles 1 - 9 of 9

Full-Text Articles in Law

God Bless The Kickoff: School Prayer In South Carolina In The Wake Of Santa Fe V. Doe, Richele Keel Taylor Oct 2001

God Bless The Kickoff: School Prayer In South Carolina In The Wake Of Santa Fe V. Doe, Richele Keel Taylor

South Carolina Law Review

No abstract provided.


Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith Mar 2001

Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith

William & Mary Law Review

No abstract provided.


Employment Discrimination By Religious Institutions: Limiting The Sanctuary Of The Constitutional Ministerial Exception To Religion-Based Employment Decisions, Laura L. Coon Mar 2001

Employment Discrimination By Religious Institutions: Limiting The Sanctuary Of The Constitutional Ministerial Exception To Religion-Based Employment Decisions, Laura L. Coon

Vanderbilt Law Review

A religious organization enters a contract with a builder to construct a new facility and breaches the contract; a student at a private, religiously-affiliated school slips on a patch of ice and is seriously injured because of the school maintenance crew's negligence. The builder and the student are aggrieved by the actions of the respective religious institutions. Consequently, they seek to re- solve their disputes through the judicial system, as would any other individual with a potential legal claim. Although the adjudicative process would involve church and state, the First Amendment Religion Clauses would not likely be implicated, because the …


Religious Freedom And The Interscholastic Athlete, Scott C. Idleman Jan 2001

Religious Freedom And The Interscholastic Athlete, Scott C. Idleman

Marquette Sports Law Review

No abstract provided.


“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun Jan 2001

“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun

San Diego Law Review

This Article explores how, in assessing the motivation of those who kill because they believe they were directed by God to do so, society distinguishes religious-based decisions from delusional decisions that result from mental disorder. Part II discusses how religion is defined in our society, and Part III considers the extent to which religious conduct, as opposed to religious belief, is protected from governmental intrusion.


Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan Jan 2001

Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan

Seattle University Law Review

This Comment will first define the peremptory challenge and discuss its history and normative values. It will then examine the United States Supreme Court's treatment of the peremptory challenge, focusing on how the peremptory challenge has changed from a litigation device that lawyers could exercise without explanation to one that at times requires an explanation for it to survive constitutional challenge. Next, this Comment will discuss state courts' independent interpretation of fundamental rights, Washington courts' decisions in harmony with this principle, and State v. Gunwall, the guide to independent constitutional interpretation in Washington. This Comment will show that under …


Of Claiming The Law: The Distress Of The Wanderer, Trisha Olson Jan 2001

Of Claiming The Law: The Distress Of The Wanderer, Trisha Olson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Dialogue On The Practice Of Law And Spiritual Values, James F. Henry, Joseph Allegretti, Robert A. Baruch Bush, Dr. Sarah Cobb Jan 2001

Dialogue On The Practice Of Law And Spiritual Values, James F. Henry, Joseph Allegretti, Robert A. Baruch Bush, Dr. Sarah Cobb

Fordham Urban Law Journal

This dialogue focuses on the relationship between religious/moral values and the various methods employed to resolve legal conflicts, with a primary focus on alternative dispute resolution techniques. General topics touched on include the intangible benefits of ADR (such as better relationships, transformative potential, and the effectiveness of apology) and new moral/ethical problems involved with practicing ADR. Joseph Allegretti explores two questions: (1) why Christianity provides a theoretical justification for ADR, and (2) what a Christian approach to ADR might look like. In an essay exploring the Jewish perspective on ADR, Robert Baruch Bush analyzes the Talmud's explicit preference for judges …


Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman Jan 2001

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …