Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (186)
- Brigham Young University Law School (108)
- University of Michigan Law School (71)
- Pepperdine University (59)
- Notre Dame Law School (42)
-
- Cornell University Law School (32)
- The Catholic University of America, Columbus School of Law (26)
- Touro University Jacob D. Fuchsberg Law Center (25)
- Chicago-Kent College of Law (24)
- West Virginia University (21)
- UIC School of Law (19)
- Roger Williams University (18)
- University of Missouri School of Law (16)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (16)
- Villanova University Charles Widger School of Law (15)
- Maurer School of Law: Indiana University (14)
- Northwestern Pritzker School of Law (13)
- Washington and Lee University School of Law (13)
- University of Colorado Law School (12)
- University of Georgia School of Law (12)
- University of Oklahoma College of Law (11)
- William & Mary Law School (11)
- Florida International University College of Law (10)
- The University of Akron (10)
- University of Maryland Francis King Carey School of Law (9)
- University of San Diego (9)
- Columbia Law School (8)
- Emory University School of Law (8)
- Loyola University Chicago, School of Law (8)
- University at Buffalo School of Law (8)
- Keyword
-
- First Amendment (181)
- Religion (126)
- Establishment Clause (110)
- Religious freedom (76)
- Establishment clause (71)
-
- Freedom of religion (66)
- First amendment (52)
- Free exercise (52)
- Religious liberty (47)
- Free Exercise Clause (46)
- Church and state (43)
- Constitutional law (43)
- Constitution (31)
- Supreme Court (28)
- Discrimination (27)
- Separation of church and state (27)
- RFRA (25)
- Free exercise clause (23)
- Law (23)
- Religious Freedom Restoration Act (23)
- Constitutional Law (21)
- Freedom of Religion (21)
- Free speech (20)
- Free exercise of religion (19)
- United States Supreme Court (18)
- Free Exercise (15)
- Religious Freedom (14)
- Lemon test (12)
- Equal protection (11)
- Religious expression (11)
- Publication Year
- Publication
-
- Seattle University Law Review (186)
- BYU Law Review (74)
- Michigan Law Review (58)
- Pepperdine Law Review (54)
- Faculty Scholarship (32)
-
- Cornell Law Faculty Publications (31)
- Journal Articles (30)
- Scholarly Works (25)
- Faculty Publications (24)
- Chicago-Kent Law Review (23)
- West Virginia Law Review (21)
- Scholarly Articles (19)
- UIC Law Review (15)
- Villanova Law Review (1956 - ) (15)
- Touro Law Review (13)
- Akron Law Review (10)
- Articles (10)
- Brigham Young University Journal of Public Law (10)
- Publications (10)
- All Faculty Scholarship (9)
- Brigham Young University Education and Law Journal (9)
- Catholic University Law Review (9)
- FIU Law Review (9)
- Faculty Articles (9)
- Indiana Law Journal (9)
- Northwestern University Law Review (9)
- San Diego Law Review (9)
- American Indian Law Review (8)
- Maine Law Review (8)
- Notre Dame Law Review (8)
- Publication Type
Articles 991 - 1014 of 1014
Full-Text Articles in Religion Law
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Michigan Law Review
Because defendant school district did not maintain a high school within the school district, tuition payments were made, as provided by statute, to the high schools attended by pupils residing within the district. The parents of each student selected the high school to be attended. As a result of this program, some tuition payments were made to high schools operated by the Roman Catholic Church. Plaintiff taxpayer sought in a declaratory judgment a determination of the validity of tuition payments made to Catholic high schools under the United States Constitution and the Constitution of Vermont. The court of chancery held …
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
Michigan Law Review
In a nutshell, the topic of this paper is "Comstockery and the Bowdlerizing of Ideas." The thesis here asserted is that the Rule of Law is violated when legislatures succumb to modern attempts by the often pathologically-motivated zealot legally to freeze current tastes in moral and political beliefs. The relationship between taste statutes and the seemingly esoteric topic, "The Legislative Process and the Rule of Law," is based on the premise that the maximum possible degree of intellectual freedom for each individual is an essential ingredient in the legal system of a civilized society.
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Henry B. Pearsall
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Henry B. Pearsall
Michigan Law Review
Plaintiffs, as parents of children in the public school system, sought to enjoin and have declared unconstitutional the practice of reading aloud to students each day ten verses of the Holy Bible as required by a Pennsylvania statute. The plaintiffs contended that this practice constituted an establishment of religion and a prohibition of the free exercise thereof and was therefore a violation of rights guaranteed by the First Amendment to the United States Constitution. By a three-judge district court, held, for plaintiffs. The statute violated the United States Constitution because the Bible is essentially a religious book and the …
Justice Reed And The First Amendment (The Religion Clauses). By F. William O’Brien., Kevin Kennedy
Justice Reed And The First Amendment (The Religion Clauses). By F. William O’Brien., Kevin Kennedy
Buffalo Law Review
No abstract provided.
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.
Michigan Law Review
The plaintiff, as a citizen, taxpayer, and parent of school children, sought an injunction to restrain the defendant school board from allowing school teachers to read the Bible aloud to students as required by a Tennessee statute. The plaintiff contended that this practice was offensive to him and in violation of the Tennessee and United States Constitutions. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statute violates neither constitution because it is not an interference with students' or parents' religious beliefs. Carden v. Bland, (Tenn. 1956) 288 S. W. (2d) 718.
Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.
Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.
Michigan Law Review
In its proprietary capacity the City of Bend maintains and operates a water system with the exclusive right to supply water to its inhabitants. In February 1952 the mayor and city commissioners adopted an ordinance providing for the introduction of fluorine into the water supply to reduce dental caries in the teeth of young children. The plaintiff as a resident and taxpayer brought suit to enjoin such action. A demurrer to his complaint was sustained. On appeal, held, affirmed. A city, in the exercise of its police power, may enact reasonable regulations for the protection of the public health, …
Church, State, And Freedom: A Review, Paul G. Kauper
Church, State, And Freedom: A Review, Paul G. Kauper
Michigan Law Review
The Supreme Court's opinion in the Everson case declaring that the separation-of-church-and-state limitation derived from the First Amendment was equally applicable to the states via the Fourteenth Amendment opened up new vistas on the church-state problems in this country. Opponents of released time programs were quick to seize the opening thus afforded as evidenced by the litigation in the McCollum and Zorach cases. And even before the Everson case reached it, the Supreme Court, thanks almost entirely to the efforts of Jehovah's Witnesses, had been engaged at length with the task of defining the dimensions of religious freedom as secured …
Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.
Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.
Michigan Law Review
Testator devised and bequeathed his property to his children, but with a proviso that the gift to any child who should marry a person not born in the Hebrew faith should lapse. Subsequent to the testator's death, the defendant married a woman who had been born a Roman Catholic. The other beneficiaries brought a proceeding to declare that the defendant had lost his rights under the will by reason of his marriage. The probate court granted a decree substantially as sought by the plaintiffs. On appeal, held, affirmed. This partial restraint on marriage is not so unreasonable as to …
Constitutional Law - Freedom Of Religion - Judicial Intervention In Disputes Within Independent Church Bodies, Julius B. Poppinga S.Ed.
Constitutional Law - Freedom Of Religion - Judicial Intervention In Disputes Within Independent Church Bodies, Julius B. Poppinga S.Ed.
Michigan Law Review
It is the purpose of this comment to set forth the several principles applied by courts in determining controversies in independent church groups and to consider the constitutional implications of judicial intervention.
Constitutional Law - Church And State - Statute Requiring Religion To Be Taken Into Consideration In Adoption, David W. Swanson
Constitutional Law - Church And State - Statute Requiring Religion To Be Taken Into Consideration In Adoption, David W. Swanson
Michigan Law Review
ln 1951, a Jewish couple obtained custody of illegitimate twins who were then two weeks old. In 1954, the couple formally sought to adopt the children. Although petitioners were otherwise qualified to act as parents, a Massachusetts statute provides that "in making orders for adoption, the judge when practicable must give custody only to persons of the same religious faith as that of the child." The twins' natural mother was Catholic but had consented in writing to adoption by the petitioners and to rearing of the children in the Jewish faith. The lower court found that several Catholic couples had …
Constitutional Law-Freedom Of Assembly-Equal Protection Of The Law, S. I. Shuman
Constitutional Law-Freedom Of Assembly-Equal Protection Of The Law, S. I. Shuman
Michigan Law Review
The ordinance here involved prohibited any person from addressing a political or religious meeting in any public park. At a meeting involving no disturbances or breaches of the peace, plaintiff, a Jehovah's Witness, was arrested when he addressed a meeting in a public park. The state supreme court upheld a conviction under the ordinance. Held, reversed. The principal case is on all fours with Niemotko v. Maryland. The state conceded at oral argument that the meeting was a religious one and that the ordinance as construed and applied did not prohibit church services in the park. Therefore, since …
Constitutional Law-Church And State-The New York Released Time Program, Frank Bowen, Jr. S.Ed.
Constitutional Law-Church And State-The New York Released Time Program, Frank Bowen, Jr. S.Ed.
Michigan Law Review
The recent decision of the Supreme Court in the case of Zorach v. Clauson affirms the constitutionality of the New York City program for releasing pupils from public schools so that they may attend religious education classes held outside of school property. The pupils are released upon the written request of their parents, and those not released from school remain in their classrooms. Regulations under which the program is conducted prohibit comment by school officials on attendance. Plaintiffs, who were taxpayers and parents of children attending the public schools, unsuccessfully contended that the program was a violation of the First …
Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.
Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.
Michigan Law Review
Plaintiffs sought a judgment to declare unconstitutional a New Jersey statute which required the reading of five verses of the Old Testament at the opening of each day in the public schools. Plaintiffs contended that the practice under the statute was an "establishment of religion" prohibited by the First Amendment and applicable to the several states through the "due process" clause of the Fourteenth Amendment Both plaintiffs were taxpayers of New Jersey, and one was also the parent of a child who had attended a public school, but had left school before the appeal was taken. The Supreme Court of …
The Establishment Of Religion Under The Constitution, William David Stout
The Establishment Of Religion Under The Constitution, William David Stout
Kentucky Law Journal
No abstract provided.
Constitutional Law-Due Process -Of Law-Freedom Of Religion- Voluntary Religious Classes Held In Public School Building During School Hours, E.C. V. Greenwood
Constitutional Law-Due Process -Of Law-Freedom Of Religion- Voluntary Religious Classes Held In Public School Building During School Hours, E.C. V. Greenwood
Michigan Law Review
Appellant, a resident and taxpayer of the Champaign School District and parent of a child attending the public schools of the district, petitioned for a writ of mandamus to compel the district to discontinue religious classes held in the public schools during regular school hours. The classes in question were sponsored by a voluntary association of Jewish, Catholic, and Protestant faiths, but other religious groups were free to establish classes upon the same basis. Instructional materials, a chosen course of study, and religious teachers were made available to the program by the association. Although employed by the association, the teachers …
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools.
The Scope Of Constitutional Guaranties Of Religious Freedom
The Scope Of Constitutional Guaranties Of Religious Freedom
Washington and Lee Law Review
No abstract provided.
Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review
Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review
Michigan Law Review
The state of West Virginia enacted an amendment to its statutes in 1941 requiring all schools to conduct courses in history and civics for the purpose of fostering "the ideals, principles and spirit of Americanism," and pursuant thereto the Board of Education adopted a resolution ordering that the flag salute and declaration of allegiance should be a regular part of the program of activities in the public schools. Expulsion from school was provided for nonconformity- and until compliance the child was considered unlawfully absent from school and the parents were liable to fine and imprisonment for causing child delinquency. Appellees …
Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review
Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review
Michigan Law Review
Petitioners were members of the religious sect "Jehovah's Witnesses," who "sold" and/ or donated religious tracts and literature, and in connection therewith used phonographs and records, in their door to door activities to spread their religious beliefs. They failed to obtain a license for the privilege of canvassing and soliciting, as required of all persons by an ordinance of the city of Jeannette, Pennsylvania, and were convicted and fined for violation thereof. Petitions for leave to appeal to the Supreme Court of Pennsylvania were denied; the case came before the United States Supreme Court on petition for writ of certiorari. …
Religious Persecutions Under Guise Of Law
Religious Persecutions Under Guise Of Law
Indiana Law Journal
Notes and Comments: Civil Liberties
Constitutional Law - Due Process - Freedom Of Religion And Conscience - Compulsory Flag Salute, William F. Andersen
Constitutional Law - Due Process - Freedom Of Religion And Conscience - Compulsory Flag Salute, William F. Andersen
Michigan Law Review
The minor plaintiffs, aged twelve and thirteen, had been excluded from the public school because of repeated refusal to salute the national flag and recite the pledge of allegiance in accordance with an authorized order of the school board. They sought an injunction in the federal district court against such prohibition, alleging that the order violated the Fourteenth Amendment as an infringement on the free exercise of religion in that their beliefs forbade the revering of anything but God. The injunction was granted and the decree was affirmed by the circuit court of appeals. A writ of certiorari was granted …
A Monograph On Religious Freedom, Benjamin G. Reeder
A Monograph On Religious Freedom, Benjamin G. Reeder
West Virginia Law Review
No abstract provided.
Religious Liberty In The American Law, Carl Zollman
Religious Liberty In The American Law, Carl Zollman
Michigan Law Review
When the convention which framed the federal constitution assembled in Philadelphia in 1787 religious tests as a qualification for office were actually a part of the constitutions of most of the thirteen original states.' While Massachusetts2 and%,Maryland3 required from certain state officers only a declaration of a belief in the Christian religion, the fundamental law of Georgia, New Hampshire, New Jersey and North Carolina4 limited such belief to the Protestant religion and was designed to require a positive and affirmative test and not merely the negative qualification of not being a Roman Catholic.0 The Delaware, North Carolina and Pennsylvania constitutions7 …
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
Other Publications
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …