Religion Law Commons^™

Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey

BYU Law Review

No abstract provided.

The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch

BYU Law Review

No abstract provided.

The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital 1873-1973, Douglas R. Miller

ExpressO

The thirtieth anniversary of Roe v. Wade found our country no less divided over abortion than it was during the era of its prohibition. As the bitter struggle over judicial nominations throughout the present administration suggests, abortion’s future remains at the forefront of American political debate.

In their push for increased limitations, abortion opponents generally overlook the historical consequences of prohibition. Abortion rights proponents often invoke history in their opposition to new restrictions, but tend to do so superficially, and only in a manner that supports their position.

This article attempts a more complex study of criminal abortion’s legal and …

When Prisoners Are Weary And Their Religious Exercise Burdened, Rluipa Provides Some Rest For Their Souls, Anne Y. Chiu

Washington Law Review

The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) prohibits state and local governments from substantially burdening a prisoner's exercise of religion unless the government can show that its action is the least restrictive means of furthering a compelling governmental interest. Prior to RLUIPA, courts subjected prisoners' claims of violations of their right to exercise their religion to a "rational-relationship" standard. Because RLUIPA ("the Act") places a "strict scrutiny" standard on government actions burdening prisoners' religious exercise, the Act is a legislative accommodation of religion. Under Lemon v. Kurtzman, legislative accommodations violate the Establishment Clause if their …

Handling The Truth, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Competing Visions Of The Corporation In Catholic Social Thought, Mark A. Sargent

Working Paper Series

Catholic Social Thought (CST) is coherent body of principles concerning the organization of social and economic life drawing on the inspiration of natural law, Thomism, the Gospel and the tradition of Christian personalism. While valuing the creative energy of capitalism and its contributions to the production of wealth, it is often highly critical of the inequalities generated by capitalism, its tendency to promote materialistic consumerism and capital's devaluation of the dignity of work. While not easily characterizable as "right" or "left", CST thinking about corporate social responsibility and corporate governance has become split between interpretations emphasizing the importance of economic …

The Death Penalty And Due Process In Biblical Law, Richard H. Hiers

UF Law Faculty Publications

The first part of this article reviews biblical texts that have been (or could plausibly be) read as condemning or repudiating capital punishment. The next, and necessarily more detailed and extensive part, discusses the many texts that explicitly call for, or illustrate application of the death penalty. This section also describes the different prescribed methods for executing offenders, identifies the persons assigned responsibility for carrying out executions, and examines biblical rationales for capital punishment A third part describes a variety of biblical provisions that, using modern legal terminology, may be said to afford certain due process procedures and protections. The …

Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan

Washington and Lee Law Review

No abstract provided.

American Conversations With(In) Catholicism, Richard W. Garnett

Michigan Law Review

The jacket photo for John T. McGreevy's Catholicism and American Freedom is striking. In the foreground, a young and vigorous Pope John Paul II, censer in hand, strides across an altar platform on the Mall in Washington, D.C. His attention is fixed off-camera, presumably at the altar he is about to reverence with incense. At the bottom of the picture, gathered around and below the platform, sits a grainy group of mitre-wearing bishops. Looming directly over the scene, in the background yet dominating the photograph, is the towering dome of the U.S. Capitol Building. This picture is worth many thousand …

Given By Senator Orrin G. Hatch Before The Tenth Annual International Law And Religion Symposium, Orrin G. Hatch

BYU Law Review

No abstract provided.

China's Socioeconomic Changes And The Implications For The Religion-State Dynamic In China, Kim-Kwong Chan

BYU Law Review

No abstract provided.

Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari

BYU Law Review

No abstract provided.

Advances In Religious Liberty In Peru, Guillermo Garcia-Montufar, Moises Arata Solis, Scott E. Isaacson

BYU Law Review

No abstract provided.

Religious Freedom And Laicite: A Comparison Of The United States And France, T.Jeremy Gunn

BYU Law Review

No abstract provided.

New Religious Movements And The Problem Of Extremism In Modern Russia, Veronika V. Kravchouk

BYU Law Review

No abstract provided.

The Menace Of Neutrality In Religion, Gabriel A. Moens

BYU Law Review

No abstract provided.

Religious Pluralism In Spain: Striking The Balance Between Religious Freedom And Constitutional Rights, Augustin Motilla

BYU Law Review

No abstract provided.

Church-State Relations And The Legal Status Of Religious Communities In Slovenia, Lovro Sturm

BYU Law Review

No abstract provided.

Religious Pluralism, Cultural Differences, And Social Stability In Nigeria, Rose C. Uzoma

BYU Law Review

No abstract provided.

The German Headscarf Debate, Axel Frhr. Von Campenhausen

BYU Law Review

No abstract provided.

Review Board Meeting, Minutes: Resignation Of Judge Anna Martinez, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Writing Their Faith Into The Law Of The Land: Jehovah's Witnesses, The Supreme Court And The Battle For The Meaning Of The Free Exercise Clause, 1939-1945, Patrick J. Flynn

ExpressO

The article traces the development of free exercise jurisprudence through the battles of Jehovah's Witnesses before the Court, and the battles on the Court between Justices Black, Douglas and Frankfurter to establish their constitutional faiths as the law of the land during a brief period in the early 1940's when these issues came before the Court in a flurry of decisions, then disappeared.

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …

Reverse Moderate Relativism Applied: Third Generation International Human Rights From An Islamic Perspective, Jason G. Morgan-Foster

ExpressO

This article develops my reverse moderate relativist theory on the universality of human rights, which I proposed in an article forthcoming in the ILSA J. Intl. & Comp. L. In this prior work, I argued that the debate over the universality of international human rights norms is too constrained, and that the three most popular theories in the universality debate – universalism, strict cultural relativism, and moderate cultural relativism – are each conceptually flawed. Universalism is untenable, because it eliminates the tensions between various cultures simply by ignoring them. Strict cultural relativism is unsatisfactory, because it discredits the whole field …

Supreme Court Watch, Reginald Oh

Law Faculty Articles and Essays

Professor Oh briefly describes Locke v. Davey in which the U.S. Supreme Court, in its 2003-04 term, attempted to clarify its First Amendment jurisprudence on the religion clauses. In a 7-2 decision, the Court held that the State of Washington did not violate the First Amendment Free Exercise Clause by denying government financial aid to college students seeking to pursue a course of study in religious devotional studies.

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Involuntary Particularism: What The Noahide Laws Tell Us About Citizenship And Alienage, Gidon G. Rothstein

ExpressO

This article argues that the Jewish picture of the Noahide laws, laws thought to apply to all non-Jews but particularly to those who would reside in a Jewish commonwealth, can shed light on how to balance a strong sense of citizenship with reasonable policies towards Lawful Permanent Residents. The article enunciates models for how to adapt the provisions of one legal system to another, shows that the Noahide system demanded that non-Jews accept fundamental aspects of a Jewish worldview in order to live among them, and then applies those lessons to argue for a reinvigorated view of American citizenship and …

Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.

Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow

Brigham Young University Journal of Public Law

No abstract provided.