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Articles 1 - 30 of 65
Full-Text Articles in Religion Law
A Defining Faith: "True" Religion And The Establishment Clause, Jeffrey Shulman
A Defining Faith: "True" Religion And The Establishment Clause, Jeffrey Shulman
ExpressO
This essay examines two trends in modern church-state law. Parts I and II review the history of the Supreme Court's Establishment Clause cases. It is a history that can best be understood as a series of jurisprudential maneuvers by which the Court has sought to make room for religion in civic life. The accommodations made by the Court to religious belief and conduct have, in effect, allowed for discrimination against non-religion, and have edged the court toward a nonpreferentialist perspective on disestablishment. But the Court’s accommodating attitude amounts to more than a preference for the many varieties of religious experience. …
Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor
Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor
ExpressO
The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell’s thesis of racism’s permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr’s paradox that social action is both necessary and meaningful …
Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill
Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill
Law Faculty Publications
Religion continues to play a significant role in shaping our attitudes toward nature.2 Time-honored principles of stewardship of the land demand that we owe a duty to future generations to allow them to inherit a healthy environment. Essential to this obligation is spiritual faith, not the trendy brand of secular humanism espoused by ecodogmatists seeking environmental justice through means unmoored from centuries-old principles of creation. What secular humanism ignores-and what religious traditions the world over have recognizedis the reality that we are a "creative expression of the earth's own evolution."3 Thus, in light of our duty to posterity, mere emphasis …
Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
France: Human Rights, Religious Freedoms & A Secular Society?, Kristen Walder
France: Human Rights, Religious Freedoms & A Secular Society?, Kristen Walder
Buffalo Women's Law Journal
No abstract provided.
The Sword And The Shield: Rluipa And The New Battle Ground Of Religious Freedom, Kevin M. Powers
The Sword And The Shield: Rluipa And The New Battle Ground Of Religious Freedom, Kevin M. Powers
Buffalo Public Interest Law Journal
No abstract provided.
Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan
Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan
ExpressO
The State Blaine Amendments are provisions in thirty-seven state constitutions that restrict persons’ and organizations’ access to public benefits on religious grounds. They arose largely in the mid- to late-1800s in response to bitter strife between an established Protestant majority and a growing Catholic minority that sought equal access to public funding for Catholic schools. After the failure to pass a federal constitutional amendment—the "Blaine Amendment"—that would have sealed off public school funds from "sectarian" institutions, similar provisions proliferated in state constitutions. These "State Blaines" have often been interpreted, under their plain terms, as erecting religion-sensitive barriers to the flow …
Timeline Of Fr. Jason Sigler, Hall & Monagle, Llc
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Washington and Lee Law Review
No abstract provided.
Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser
Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser
Brigham Young University Journal of Public Law
No abstract provided.
Proselytizers, Pamphleteers, Pests, And Other First Amendment Champions: Watchtower Bible And Tract Society Of New York, Inc. V. Village Of Stratton, Kathryn Lusty
Brigham Young University Journal of Public Law
No abstract provided.
Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green
Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green
Washington Law Review
In Davey v. Locke, a panel of the United States Court of Appeals for the Ninth Circuit ruled that Washington violated the Free Exercise Clause by refusing to allow a scholarship recipient to use state funds to pursue a theology degree. The court held that the state's scholarship requirements facially discriminated against religion, and that the state's interest in not violating its constitution did not serve as a compelling reason for the discrimination. In so holding, the Davey court ignored Ninth Circuit precedent and embraced a theory of the Religion Clauses at odds with United States Supreme Court jurisprudence. …
Distinctively Christian Perspectives On Legal Thought?, Mark Tushnet
Distinctively Christian Perspectives On Legal Thought?, Mark Tushnet
Michigan Law Review
The plural in the title of Christian Perspectives on Legal Thought immediately suggests one problem in reviewing this collection of essays: identifying unifying themes is difficult precisely because there are a variety of Christian perspectives represented here. Christian perspectives include those of Anabaptists and their modern successors such as Mennonites (who regard law as simply irrelevant to their Christianity), those of the nineteenth-century Catholic church (which was hostile to democracy and religious toleration), and those of the modern Catholic church (which endorses religious pluralism and the preferential option for the poor - among many others). What, then, might be distinctive …
Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic
Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic
BYU Law Review
No abstract provided.
The Serpentine Wall Of Separation, John Witte Jr.
The Serpentine Wall Of Separation, John Witte Jr.
Michigan Law Review
The task of separating the secular from the religious in education is one of magnitude, intricacy, and delicacy, Justice Jackson wrote, concurring in McCollum v. Board of Education, the Supreme Court's first religion in public schools case. "To lay down a sweeping constitutional doctrine" of absolute separation of church and state "is to decree a uniform . . . unchanging standard for countless school boards representing and serving highly localized groups which not only differ from each other but which themselves from time to time change attitudes." If we persist in this experiment, Justice Jackson warned his brethren, "we are …
Secularism And French Religious Liberty: A Sociological And Historical View, Jean Bauberot
Secularism And French Religious Liberty: A Sociological And Historical View, Jean Bauberot
BYU Law Review
No abstract provided.
A Brief Overview Of Law And Religion In The People's Republic Of China, Chen Huanzhong
A Brief Overview Of Law And Religion In The People's Republic Of China, Chen Huanzhong
BYU Law Review
No abstract provided.
State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan
State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan
BYU Law Review
No abstract provided.
Standing With The Persecuted: Adjudicating Religious Asylum Claims After The Enactment Of The International Religious Freedom Act Of 1998, Craig B. Mousin
Standing With The Persecuted: Adjudicating Religious Asylum Claims After The Enactment Of The International Religious Freedom Act Of 1998, Craig B. Mousin
BYU Law Review
No abstract provided.
Religious Liberty And French Secularism, Jacques Robert
Religious Liberty And French Secularism, Jacques Robert
BYU Law Review
No abstract provided.
New Impulses In The Interaction Of Law And Religion: The Fiji Human Rights Commission In Context, Shaista Shameem
New Impulses In The Interaction Of Law And Religion: The Fiji Human Rights Commission In Context, Shaista Shameem
BYU Law Review
No abstract provided.
Reflections On The Right To Religious Freedom In Peru, Carlos Valderrama Adriansen
Reflections On The Right To Religious Freedom In Peru, Carlos Valderrama Adriansen
BYU Law Review
No abstract provided.
The Relationship Of Church And State In Belarus: Legal Regulation And Practice, Alexander Vashkevich
The Relationship Of Church And State In Belarus: Legal Regulation And Practice, Alexander Vashkevich
BYU Law Review
No abstract provided.
New Impulses In The Interaction Of Law And Religion: A South Pacific Perspective, Don Paterson
New Impulses In The Interaction Of Law And Religion: A South Pacific Perspective, Don Paterson
BYU Law Review
No abstract provided.
Russia's War On Political And Religious Extremism: An Appraisal Of The Law "On Counteracting Extremist Activity", J. Brian Gross
Russia's War On Political And Religious Extremism: An Appraisal Of The Law "On Counteracting Extremist Activity", J. Brian Gross
BYU Law Review
No abstract provided.
Legal Claims Against Fr. Theodore Isaias, Hall & Monagle, Llc
Legal Claims Against Fr. Theodore Isaias, Hall & Monagle, Llc
Records related to Fr. Theodore Isaias
No abstract provided.
Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam
Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam
Vanderbilt Law Review
The proper role of religion in public schools has been a topic of bitter debate for many years. While one group of individuals believes that there should be a complete separation of church and state, another group believes that religion should have an integral place in public education. Although both groups have looked to the circumstances surrounding the enactment of the First Amendment to support their respective positions, each has been unable to find clear, definitive support regarding the appropriate relationship between religion and public schools, as there was no public education system at that time. One major issue that …
A Matter Of Constitutional Luck: The General Applicability Requirement In Free Exercise Jurisprudence, Christopher C. Lund
A Matter Of Constitutional Luck: The General Applicability Requirement In Free Exercise Jurisprudence, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan
The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Legal Witnessing In The Dead Sea Scrolls: Maintaining Purity And Holiness, Jeremy S. Penner
Legal Witnessing In The Dead Sea Scrolls: Maintaining Purity And Holiness, Jeremy S. Penner
Seton Hall University Dissertations and Theses (ETDs)
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