Religion Law Commons^™

The Protection Of Religious Rights Under Australian Law , Denise Meyerson

BYU Law Review

No abstract provided.

Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko

BYU Law Review

No abstract provided.

The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes

BYU Law Review

No abstract provided.

The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras

BYU Law Review

No abstract provided.

The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval

BYU Law Review

No abstract provided.

The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete

BYU Law Review

No abstract provided.

Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury

Faculty Publications

This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …

You Can Move In But You Can't Stay: To Protect Occupancy Rights After Halprin, The Fair Housing Act Needs To Be Amended To Prohibit Post-Acquisition Discrimination, 42 J. Marshall L. Rev. 751 (2009), Scott N. Gilbert

UIC Law Review

No abstract provided.

Dilemmas Of Cultural Legality: A Comment On Roger Cotterrell's 'The Struggle For Law' And A Criticism Of The House Of Lords' Opinions In Begum, John Mikhail

Georgetown Law Faculty Publications and Other Works

In “The Struggle for Law: Some Dilemmas of Cultural Legality,” Professor Roger Cotterrell argues that the law’s most distinctive aspiration is to promote a respectful exchange of ideas among different parts of a multicultural society. He illustrates his thesis with the House of Lords’ decision in Begum, describing it as “a relatively successful contribution to the process by which battlefields of rights are turned into areas of routine structuring” and finding much to admire in the messages communicated by the Lords in this case. I am more troubled by the Lords’ opinions in Begum and less convinced than Cotterrell seems …

Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

On January 9, 2008 Washington College of Law at American University sponsored a conference entitled: Turkey: At the Crossroads of Secular West and Traditional East. This conference was percipitated by the recent election of the AKP party in Turkey and my trip to Turkey in summer 2007. In this short introduction to the American University International law Review symposium issue, I summarize the major issues raised in that one day conference specifically by Dean Haluk Kabaalioglu of Yeditepe University Facutly of Law, expert on EU law and Turkish-EU relations,and Professor Feroz Ahmad, the learned historian of modern Turkey. The aim …

Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi

BYU Law Review

No abstract provided.

“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan

Working Paper Series

This review essay of Mary Ann Glendon's Traditions in Turmoil (2006) explores such topics as tradition, moral discourse, human rights, subsidiarity, natural law, the common good, civil society, and constitutional and statutory interpretation. In doing so, it provides an introduction both to Catholic social thought and to the thought of Bernard Lonergan.

Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain

UIC Law Open Access Faculty Scholarship

No abstract provided.

Book Review, Mark C. Modak-Truran

Journal Articles

This book brings together two previously separate aspects of Michael J. Perry’s thoughtful and pioneering scholarship dealing with the proper relation of morality (especially religious morality) to law and human rights and the role of courts in protecting human rights.

Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.

Constitution, Custom, And Creed: Balancing Human Rights Concerns With Cultural And Religious Freedom In Today's South Africa, Erin E. Goodsell

Brigham Young University Journal of Public Law

No abstract provided.

The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead

Florida State University Journal of Transnational Law & Policy

No abstract provided.

How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt

Faculty Scholarship

As one of four contributors to an issue celebrating Christopher Eisgruber and Lawrence Sager's Religious Freedom and the Constitution, I have chosen to write an Essay that differs from an ordinary review. I compare the authors' approach with two other recent formulations of what should be central for the jurisprudence of the Religion Clauses. Since I have recently published my own treatment of the Free Exercise Clause, and a second volume on the Establishment Clause is in the pipeline toward publication, I do not here present my own positive views (though I provide references for interested readers). Those views …

(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies

Human Rights & Human Welfare

© Gareth Davies. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Reflections On The Path Of Religion-State Relations In New Zealand, Rex J. Ahdar

BYU Law Review

No abstract provided.

Church-State Relations In The European Court Of Human Rights, Carolyn Evans, Christopher A. Thomas

BYU Law Review

No abstract provided.

Religious Freedom And Human Rights In South Africa After 1996: Responses And Challenges, Cornel W. Du Toit

BYU Law Review

No abstract provided.

Religious Freedom And Democratic Change In Spain, Javier Martinez-Torron

BYU Law Review

No abstract provided.

The Questionable Grounds Of Objections To Proselytism And Certain Other Forms Of Religious Expression, Paul M. Taylor

BYU Law Review

No abstract provided.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Traditional Values, Or A New Tradition Of Prejudice? The Boy Scouts Of America Vs. The Unitarian Universalist Association Of Congregations, Eric Alan Isaacson

ExpressO

President William Howard Taft, a Unitarian leader whose liberal faith had been viciously attacked by religious conservatives in the 1908 presidential campaign, used the White House as a platform in 1911 to launch a new nonsectarian organization for youth: The Boy Scouts of America (“BSA”). Lately, however, the BSA itself has come under the control of religious conservatives – who in 1992 banned Taft’s denomination from the BSA’s Religious Relationships Committee, and in 1998 threw Taft’s denomination out of its Religious Emblems Program. The denomination’s offense: A tradition of teaching its children that institutionalized discrimination is wrong. Unitarian Universalist religious …

The Freedom To Manifest Religious Belief: An Analysis Of The Neccesity Clauses Of The Iccpr And The Echr, Todd Parker

ExpressO

This paper examines Article 18 of the International Covenant on Civil and Political Rights and Article 9 of the European Convention on Human Rights. Both documents affirm freedom of religion as a fundamental human right, yet both recognize the need for restrictions on freedom of religion when “necessary.” The paper discusses the text of Articles 18 and 9, as well as European Court of Human Rights and Human Rights Committee cases interpreting and applying the Articles. The paper then analyzes several current laws restricting religious freedom on necessity grounds as to whether the restrictions are legitimate or illegitimate under the …

The Children Of Science: Property, People, Or Something In Between?, Star Q. Lopez

ExpressO

How should states classify embryos? The war has often waged between two classifications, people versus property. But what if a state assumed something in between, finding the embryo to be a potential person entitled to special respect? If a state adopted this position, how would the law affect medical research?

Presuming embryos constitute potential persons, the debate would continue with how to define “special respect.” The status of a potential person runs along a spectrum between property and personhood. How one defines “special respect” determines where the potential person falls along this spectrum. Special respect would create a spectrum of …