Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (31)
- First Amendment (17)
- Comparative and Foreign Law (11)
- Education Law (6)
- Civil Rights and Discrimination (5)
-
- Social and Behavioral Sciences (5)
- Supreme Court of the United States (5)
- Arts and Humanities (4)
- Courts (4)
- Human Rights Law (4)
- Legal Ethics and Professional Responsibility (4)
- Religion (4)
- Fourteenth Amendment (3)
- Indigenous, Indian, and Aboriginal Law (3)
- Legal History (3)
- Legal Profession (3)
- Political Science (3)
- International Law (2)
- Islamic Studies (2)
- Jurisprudence (2)
- Law and Politics (2)
- Law and Society (2)
- Legislation (2)
- Litigation (2)
- Property Law and Real Estate (2)
- Public Affairs, Public Policy and Public Administration (2)
- State and Local Government Law (2)
- American Politics (1)
- Institution
-
- Brigham Young University Law School (24)
- William & Mary Law School (7)
- University of Michigan Law School (4)
- Loyola University Chicago, School of Law (3)
- Notre Dame Law School (3)
-
- University of Maryland Francis King Carey School of Law (3)
- Vanderbilt University Law School (3)
- Cleveland State University (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- Fordham Law School (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Kentucky (2)
- University of Malaya (2)
- University of Washington School of Law (2)
- Villanova University Charles Widger School of Law (2)
- Association of American Law Schools (1)
- DePaul University (1)
- Emory University School of Law (1)
- Georgetown University Law Center (1)
- Seattle University School of Law (1)
- Singapore Management University (1)
- The Peter A. Allard School of Law (1)
- University of Baltimore Law (1)
- University of Miami Law School (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Church and State (7)
- Religion (7)
- Establishment Clause (4)
- Establishment clause (4)
- Santa Fe Independent School District v. Doe (4)
-
- School Prayer (3)
- Faith (2)
- Free Exercise Clause (2)
- Freedom of religion (2)
- Legal ethics (2)
- Mitchell v. Helms (2)
- Religious liberty (2)
- Separationism (2)
- Abington School District v. Schempp (1)
- Acts of Conscience (1)
- Afghanistan (1)
- Alien Tort Claims Act (1)
- Alternative dispute resolution (1)
- American Indians (1)
- Article V (1)
- Articles of Confederation (1)
- Beliefs (1)
- Bernadine Healy (1)
- Book review (1)
- Brown v. Board of Education (1)
- Canon law (1)
- Caste discrimination (1)
- Catholic church (1)
- Catholicism (1)
- Ceremonial deism (1)
- Publication
-
- BYU Law Review (17)
- Brigham Young University Education and Law Journal (3)
- Brigham Young University Journal of Public Law (3)
- Faculty Scholarship (3)
- Journal Articles (3)
-
- Loyola University Chicago Law Journal (3)
- University of Maryland Law Journal of Race, Religion, Gender and Class (3)
- William & Mary Bill of Rights Journal (3)
- William & Mary Law Review (3)
- Articles (2)
- Cornell Law Faculty Publications (2)
- Kentucky Law Journal (2)
- Law Faculty Articles and Essays (2)
- Michigan Law Review (2)
- Scholarly Articles (2)
- Student Works (2000-2009) (2)
- Villanova Law Review (1956 - ) (2)
- All Faculty Publications (1)
- All Faculty Scholarship (1)
- American Indian Law Review (1)
- Cardozo Arts & Entertainment Law Journal (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Fordham Urban Law Journal (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal of Legal Education (1)
- Law Faculty Publications (1)
- Michigan Journal of Gender & Law (1)
- Mission and Ministry Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Publication Type
Articles 31 - 60 of 80
Full-Text Articles in Religion Law
Preserving The Establishment Clause: One Step Forward And Two Steps Back, Martha Mccarthy
Preserving The Establishment Clause: One Step Forward And Two Steps Back, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley
The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.
Chandler V. James: A Student's Right Of Prayer In Public Schools, Howard M. Baik
Chandler V. James: A Student's Right Of Prayer In Public Schools, Howard M. Baik
Brigham Young University Journal of Public Law
No abstract provided.
The Religious Land Use And Institutionalized Persons Act Of 2000 (Rluipa): A Valid Exercise Of Congressional Power?, Shawn Jensvold
The Religious Land Use And Institutionalized Persons Act Of 2000 (Rluipa): A Valid Exercise Of Congressional Power?, Shawn Jensvold
Brigham Young University Journal of Public Law
No abstract provided.
In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen M. Durden
In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen M. Durden
Brigham Young University Education and Law Journal
No abstract provided.
A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker
A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker
Brigham Young University Journal of Public Law
No abstract provided.
Falun Gong: An Analysis Of China's National Security Concerns, Kelly A. Thomas
Falun Gong: An Analysis Of China's National Security Concerns, Kelly A. Thomas
Washington International Law Journal
The Chinese government's brutal crackdown on the Falun Gong spiritual movement stands in marked contrast to its recent acknowledgement of its need to improve its human rights record and repeated avowals to take the legal steps necessary to conform with international human rights treaties. China's leadership has attempted to justify the crackdown, citing both historical reasons and national security concerns. Analysis of China's history demonstrates that repression of anti-government groups has only hardened their resistance. Similarly, the campaign against Falun Gong has failed to stop protests staged by the group's followers. In fact, Falun Gong's expressions of dissent have become …
Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong
Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong
Faculty Publications
The essays collected in this book arise out of a series of seminars exploring the relationship between law and faith, broadly defined, and investigate "the many varied links between law and faith", particularly as those links relate to legal theory. While the editors intended to demonstrate the diversity of ways in which the topic can be viewed, this very diversity causes some problems for the reader.
Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith
Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith
William & Mary Law Review
No abstract provided.
Accommodation And Equal Liberty, Lisa Schultz Bressman
Accommodation And Equal Liberty, Lisa Schultz Bressman
Vanderbilt Law School Faculty Publications
How should legislatures respond to requests from religious individuals or institutions for exemptions to generally applicable laws? In Employment Division v. Smith, the Supreme Court held that the Free Exercise Clause does not require legislatures (federal or state) to honor such requests. The question remains whether they should do so on a voluntary basis. This is the problem of permissive accommodation-that is, accommodation of religious liberty as a matter of political discretion rather than constitutional compulsion. Put in the terms of this Symposium, it is the problem of accommodation in the public square. It is not immediately apparent why permissive …
Religion In The Public Square, Davison M. Douglas
Religion In The Public Square, Davison M. Douglas
William & Mary Law Review
No abstract provided.
Why Political Reliance On Religiously Grounded Morality Does Not Violate The Establishment Clause, Michael J. Perry
Why Political Reliance On Religiously Grounded Morality Does Not Violate The Establishment Clause, Michael J. Perry
William & Mary Law Review
No abstract provided.
Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson
Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson
William & Mary Bill of Rights Journal
Religious discussion in American public schools is one of the more controversial issues in modern education. Ellen Johnson not only explains the American Atheists 'position on the issue, but also presents observations from the often-ignored Atheist perspective. Johnson's remarks serve to remind us that there are other views on the subject besides the popular opinions concerning accommodation and access to school facilities.
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
William & Mary Bill of Rights Journal
The recent Supreme Court decision in Santa Fe Independent School District v. Doe prohibits prayer at school-sponsored events. In this Article the author analyzes the development of Supreme Court jurisprudence in the area of religion in public schools. Noting the tension between the Establishment and Free Speech Clauses, the author proposes the use of disclaimers to allow student expression at school events to avoid violating the Establishment Clause.
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
William & Mary Bill of Rights Journal
In this Essay, Steven Fitschen, President of the National Legal Foundation, argues against the Supreme Court's ruling in Santa Fe Independent School District v. Doe, and calls for a new strategy in litigating similar cases. Fitschen proposes a "thirty-year plan" because he believes that the current Court composition, which he sees as driven by personal predilections rather than by precedent, was partly responsible for the outcome of Santa Fe. Fitschen argues that the current Court has largely ignored Establishment Clause precedent, and that any new, effective strategy will be slowly implemented The thirty-year plan calls for less perfunctory reliance on …
No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock
No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Freedom Of Speech, Religious Harassment Law, And Religious Accomodation Law, Eugene Volokh
Freedom Of Speech, Religious Harassment Law, And Religious Accomodation Law, Eugene Volokh
Loyola University Chicago Law Journal
No abstract provided.
A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin
A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin
Mission and Ministry Publications
No abstract provided.
Of Claiming The Law: The Distress Of The Wanderer, Trisha Olson
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
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 …
Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton
Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton
Michigan Journal of Gender & Law
This article argues that perpetrators of sexual misconduct should not be granted refuge from the potential consequences of their actions by mere affiliation with a religious institution. Part I of this article examines the theories of malpractice and breach of fiduciary duty, and determines the appropriate cause of action for sexual misconduct and ascertains their capacities to withstand First Amendment scrutiny. Determining the cause of action is essential to the evaluation of the potential constitutional challenges. Part II demonstrates that sexual misconduct by clergy is well outside First Amendment constraints. It examines both the Free Exercise and Establishment Clauses, and …
Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh
Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh
Scholarly Articles
No abstract provided.
Emerging Trends In Religious Liberty, Robert A. Destro
Emerging Trends In Religious Liberty, Robert A. Destro
Scholarly Articles
From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.
Toward A Consensus On Religious Images In Civic Seals Under The Establishment Clause: American Civil Liberties Union V. City Of Stow, Kevin J. Mccabe
Toward A Consensus On Religious Images In Civic Seals Under The Establishment Clause: American Civil Liberties Union V. City Of Stow, Kevin J. Mccabe
Villanova Law Review (1956 - )
No abstract provided.
Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters
Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters
Kentucky Law Journal
No abstract provided.
Anti-Catholicism And Modern Church-State Relations, Thomas C. Berg
Anti-Catholicism And Modern Church-State Relations, Thomas C. Berg
Loyola University Chicago Law Journal
No abstract provided.
Title Vii And Religious Liberty, Kent Greenawalt
Title Vii And Religious Liberty, Kent Greenawalt
Loyola University Chicago Law Journal
No abstract provided.
The Proper Role Of Religion In The Public Schools: Equal Access Instead Of Official Indoctrination, James L. Underwood
The Proper Role Of Religion In The Public Schools: Equal Access Instead Of Official Indoctrination, James L. Underwood
Villanova Law Review (1956 - )
No abstract provided.
Prayer In Public Schools After Santa Fe Independent School District, Mark W. Cordes
Prayer In Public Schools After Santa Fe Independent School District, Mark W. Cordes
Kentucky Law Journal
No abstract provided.
Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan
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 …