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Articles 931 - 960 of 1014

Full-Text Articles in Religion Law

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan Jan 1986

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.


The Forgotten Hatred: Anti-Catholicism In Modern America, Stephen L. Barry Jan 1986

The Forgotten Hatred: Anti-Catholicism In Modern America, Stephen L. Barry

NYLS Journal of Human Rights

No abstract provided.


When Separate Is Equal: Why Organized Religious Exercises, Unlike Chess, Do Not Belong In The Public Schools (Symposium: Freedom Of Association), Ruti Teitel Jan 1986

When Separate Is Equal: Why Organized Religious Exercises, Unlike Chess, Do Not Belong In The Public Schools (Symposium: Freedom Of Association), Ruti Teitel

Articles & Chapters

No abstract provided.


The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel Jan 1986

The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel

Articles & Chapters

No abstract provided.


Free Exercise And The Values Of Religious Liberty, John H. Garvey Jan 1986

Free Exercise And The Values Of Religious Liberty, John H. Garvey

Scholarly Articles

One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to …


Religious Convictions And Lawmaking, Kent Greenawalt Dec 1985

Religious Convictions And Lawmaking, Kent Greenawalt

Michigan Law Review

In Part I, I introduce the subject of liberal democracy, rationality, and religion. I explain briefly why this subject merits our attention. I then indicate variant positions about it and my own summary conclusions. I develop a partial model of our liberal democracy from which the issue can be addressed in context. I next consider two kinds of concrete social issues, consenting sexual acts among adults and the protection of animals and the natural environment. During this treatment I indicate more fully how religious convictions affect judgments about desirable laws, and I analyze the claim that good citizens should not …


In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson Apr 1985

In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson

All Faculty Scholarship

The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.


Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck Jan 1985

Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck

Faculty Publications

Although government intervention in religious affairs is a new and understandably worrisome experience for many American churches, history instructs us that the confrontation is not novel. We can find some comfort in the fact that this double wrestle of state with church and state with individual believers is a perennial match. After all, it has been nearly sixty years since a brutish measure in Oregon making parochial school education unlawful had to be sidelined by the United States Supreme Court in Pierce v. Society of Sisters.' Over forty-five years ago the Supreme Court decided Lovell v. City of Griffin, snuffing …


Religious Convictions And Lawmaking, Kent Greenawalt Jan 1985

Religious Convictions And Lawmaking, Kent Greenawalt

Faculty Scholarship

In this Article, presented as the 1985-86 Thomas M. Cooley Lectures at the University of Michigan School of Law on March 10-12, 1986, Professor Greenawalt addresses the role that religious conviction properly plays in the liberal citizen's political decisionmaking in a liberal democratic society. Rejecting the notion that all political questions can be decided on rational secular grounds, Professor Greenawalt argues that the liberal democratic citizen may rely on his religious convictions when secular morality is unable to resolve issues critical to a political decision. The examples of animal rights and environmental protection, abortion, and welfare assistance illustrate situations where …


Religion In Public Schoolrooms-Striking A Balance Between Freedom Of Speech And Establishment Of Religion: Bender V. Williamsport Area School District, John E. Leach Nov 1984

Religion In Public Schoolrooms-Striking A Balance Between Freedom Of Speech And Establishment Of Religion: Bender V. Williamsport Area School District, John E. Leach

BYU Law Review

No abstract provided.


Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck Apr 1984

Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck

Faculty Publications

In this article it will be argued that the establishment clause, properly viewed, functions as a structural provision regimenting the nature and degree of involvement between government and religious associations." The degree of involvement should be a limited one, although it is clear that the interrelationship need not nor cannot be eliminated altogether. Although the degree of desired separation has proven to be a continuing controversy, the goal of separation is not so divisive. The aim of separation of church and government is for each to give the other sufficient breathing space. The ordering principle is reciprocity in which "both …


Mail-Order Ministries: Application Of The Religious Purpose Exemption Under The First Amendment, 17 J. Marshall L. Rev. 895 (1984), Mark D. Nomady Jan 1984

Mail-Order Ministries: Application Of The Religious Purpose Exemption Under The First Amendment, 17 J. Marshall L. Rev. 895 (1984), Mark D. Nomady

UIC Law Review

No abstract provided.


Religious Liberty In The Public High School: Bible Study Clubs, 17 J. Marshall L. Rev. 933 (1984), Mark J. Lura Jan 1984

Religious Liberty In The Public High School: Bible Study Clubs, 17 J. Marshall L. Rev. 933 (1984), Mark J. Lura

UIC Law Review

No abstract provided.


Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams Jan 1984

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …


Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr. Jan 1984

Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr.

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - First Amendment - State Licensing Regulation Which Delegates Veto Power To A Church Over The Approval Of Liquor Licenses Within A Specified Distance Of Such Church Violates The Establishment Clause, Mark C. Levy Jan 1983

Constitutional Law - First Amendment - State Licensing Regulation Which Delegates Veto Power To A Church Over The Approval Of Liquor Licenses Within A Specified Distance Of Such Church Violates The Establishment Clause, Mark C. Levy

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - First Amendment - A Statute That Permits A Tax Deduction For Public As Well As Nonpublic School Tuition And Related Expenses Does Not Violate The Establishment Clause Of The First Amendment, J. Edward Goff Jan 1983

Constitutional Law - First Amendment - A Statute That Permits A Tax Deduction For Public As Well As Nonpublic School Tuition And Related Expenses Does Not Violate The Establishment Clause Of The First Amendment, J. Edward Goff

Villanova Law Review (1956 - )

No abstract provided.


Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie May 1982

Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie

BYU Law Review

No abstract provided.


Teaching The Theories Of Evolution And Scientific Creationism In The Public Schools: The First Amendment Religion Clauses And Permissible Relief, J. Greg Whitehair Jan 1982

Teaching The Theories Of Evolution And Scientific Creationism In The Public Schools: The First Amendment Religion Clauses And Permissible Relief, J. Greg Whitehair

University of Michigan Journal of Law Reform

This Note explores the propriety of teaching the theory of evolution and the scientific creation model in public elementary and secondary schools. Part I discusses the powers of the state and its political subdivisions to set public school policy and curriculum content and the extent to which those powers are circumscribed by the religion clauses of the first amendment. Part I concludes that the religion clauses permit the teaching of evolutionary theory in public schools. Part II examines the variety of judicial and legislative relief potentially available to creationists where the teaching of evolution theory interferes with their religious beliefs …


American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee Jan 1982

American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee

American Indian Law Review

No abstract provided.


Manifest Destiny And American Indian Religious Freedom: Sequoyah, Badoni, And The Drowned Gods, Howard Stambor Jan 1982

Manifest Destiny And American Indian Religious Freedom: Sequoyah, Badoni, And The Drowned Gods, Howard Stambor

American Indian Law Review

No abstract provided.


Religion: The First Amendment And The American Indian Religious Freedom Act Of 1978, Robin K. Rannow Jan 1982

Religion: The First Amendment And The American Indian Religious Freedom Act Of 1978, Robin K. Rannow

American Indian Law Review

No abstract provided.


Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr. Nov 1981

Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.

BYU Law Review

No abstract provided.


United States V. Lee, Lewis F. Powell, Jr. Oct 1981

United States V. Lee, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham May 1981

A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham

BYU Law Review

No abstract provided.


People V. Onofre: Can The State Peek Into Your Bedroom?, Matthew Thomas Robinson Oct 1980

People V. Onofre: Can The State Peek Into Your Bedroom?, Matthew Thomas Robinson

In the Public Interest

No abstract provided.


Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr. Jan 1980

Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr.

Kentucky Law Journal

No abstract provided.


A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano May 1979

A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano

BYU Law Review

No abstract provided.


Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice Nov 1978

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

BYU Law Review

No abstract provided.


Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor Sep 1978

Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor

BYU Law Review

No abstract provided.