Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe
Cornell Law Faculty Publications
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should …
Testimony Before The D.C. Council On Marriage Equality & Domestic Partnerships, Nancy Polikoff
Testimony Before The D.C. Council On Marriage Equality & Domestic Partnerships, Nancy Polikoff
Congressional and Other Testimony
An expert on family law issues affecting gay and lesbian couples, parents and their children, the author provides testimony in support of deleting a provision from pending legislation that would eliminate the legal status of domestic partnerships in Washington, DC. Legal status of domestic partnerships recognizes committed familial relationships other than marriage and is important to family stability and to allocate rights and responsibilities of gay and lesbian couples.
The Nature Of Religious Coercion, Rex J. Ahdar
The Nature Of Religious Coercion, Rex J. Ahdar
Rex J Ahdar
This article examines the nature of religious coercion. Direct religious coercion denotes situations where the government expressly applies sanctions to ensure conformity with religious goals. Indirect religious coercion describes situations where, although the state may not have intended to pressurize citizens to comply with some religious activity, it nonetheless takes advantage of social, psychological or peer pressure that has the same conformity-inducing effect. Indirect religious coercion is a real problem for those who dissent from majoritarian religious practices. But an open-ended inquiry into it can, as critics point out, be a highly unpredictable and subjective exercise. On balance, the article …
The Nature Of Religious Coercion, Rex J. Ahdar
The Nature Of Religious Coercion, Rex J. Ahdar
Rex J Ahdar
This article examines the nature of religious coercion. Direct religious coercion denotes situations where the government expressly applies sanctions to ensure conformity with religious goals. Indirect religious coercion describes situations where, although the state may not have intended to pressurize citizens to comply with some religious activity, it nonetheless takes advantage of social, psychological or peer pressure that has the same conformity-inducing effect. Indirect religious coercion is a real problem for those who dissent from majoritarian religious practices. But an open-ended inquiry into it can, as critics point out, be a highly unpredictable and subjective exercise. On balance, the article …
The Nature Of Religious Coercion, Rex J. Ahdar
The Nature Of Religious Coercion, Rex J. Ahdar
Rex J Ahdar
THE NATURE OF RELIGIOUS COERCION Rex Ahdar This article examines the nature of religious coercion. Direct religious coercion denotes situations where the government expressly applies sanctions to ensure conformity with religious goals. Indirect religious coercion describes situations where, although the state may not have intended to pressurize citizens to comply with some religious activity, it nonetheless takes advantage of social, psychological or peer pressure that has the same conformity-inducing effect. Indirect religious coercion is a real problem for those who dissent from majoritarian religious practices. But an open-ended inquiry into it can, as critics point out, be a highly unpredictable …
Establishing Inequality, Gene R. Nichol
Establishing Inequality, Gene R. Nichol
Michigan Law Review
Part I outlines Nussbaum's thesis and her similarly interesting, if perhaps not always completely consistent, applications of it. Part II touches on some challenges and potential shortcomings her theory presents-for clearly there are such. But, in Part III, I argue that her wide-ranging study of the work of the religion clauses nonetheless touches something residing at the core of American citizenship. No bosses. No masters. No insiders. None outcast. Finally, and far more idiosyncratically, in Part IV I explore and expand on Nussbaum's thesis in light of a modestly serious and rather public dispute over religious equality that occurred at …
Religious Freedom, Democracy, And International Human Rights, John Witte Jr., M. Christian Green
Religious Freedom, Democracy, And International Human Rights, John Witte Jr., M. Christian Green
Faculty Articles
Clearly, religion and freedom do not yet coincide in many countries, however rosy their new constitutional claims are as to religious rights and freedoms for all. Apostasy, Blasphemy, Conversion, Defamation, and Evangelization-these are the new alphabet of religious rights violation in a number of regions around the world. Occurring at the intersection of religion and international human rights, these violations are also challenges to the universality of human rights and the democratic institutions that generate and affirm them.
God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine
God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine
Scholarly Works
This article is a brief introduction to The Albany Government Law Review symposium on God and the Land. This piece sets forth a brief history of the Religious Land Use and Institutionalized Persons Act (RLUIPA) setting the backdrop for the controversy that has surrounded the Act and its impact on religious entities and municipalities. Since the enactment of RLUIPA, the floodgates have burst open with litigation in attempts to clarify many ambiguities in the statute. The remainder of the piece provides a sneak preview of the articles contained in The Albany Government Law Review by Professors Angela Carmella, Marci Hamilton, …
Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Articles
No abstract provided.
Excluding Religion: A Reply, Nelson Tebbe
Excluding Religion: A Reply, Nelson Tebbe
Cornell Law Faculty Publications
This short piece replies to three prominent scholars who have offered thoughtful responses to my article, Excluding Religion. It first takes up their invitation to explore some of the ramifications of the article for legal and political theory, albeit in a limited way. Second, it revisits the article’s central argument - namely, that governments ought to have greater constitutional leeway to deny aid to religious actors and entities than is commonly thought - and shows how that proposal emerges from the conversation intact. Third, the reply defends certain limits on the practice of excluding religion, particularly the presumptive prohibition on …