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Articles 1 - 30 of 106
Full-Text Articles in Religion Law
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
NULR Online
No abstract provided.
Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett
Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett
NULR Online
No abstract provided.
Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler
Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler
BYU Law Review
No abstract provided.
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Faculty Publications
This article takes up the curious tale as to why the text and drafting record in the House and Senate were ignored by the Court in Everson, as well as what the text and debate can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred.
Rationalizing Religious Exemptions: A Legislative Process Theory Of Statutory Exemptions For Religion, Zoe Robinson
Rationalizing Religious Exemptions: A Legislative Process Theory Of Statutory Exemptions For Religion, Zoe Robinson
William & Mary Bill of Rights Journal
This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a person’s religious freedom is dependent on their political power. Following the Supreme Court’s 1990 decision of Employment Division v. Smith, the legislature has sole control over the enactment of accommodations and exemptions from laws of general application for religious adherents. This Article argues that post-Smith accounts of religious liberty and pluralism fail to systematically analyze the relationship between religious liberty and legislative exemptions. To this end, the Article proposes a unique public choice model that hypothesizes that legislative accommodations and exemptions may result …
Church And State: An Economic Analysis, Keith N. Hylton, Yulia Rodionova, Fei Deng
Church And State: An Economic Analysis, Keith N. Hylton, Yulia Rodionova, Fei Deng
Faculty Scholarship
What purpose is served by a government's protection of religious liberty? Many have been suggested, the most prominent of which center on the protection of freedom of belief and expression. However, since every regulation potentially interferes with religious freedom, it is useful to consider more concrete purposes that could suggest limits on the degree to which religious liberty should be protected. This paper focuses on the concrete economic consequences of state regulation of religion. We examine the effects of state regulation on corruption, economic growth, and inequality. The results suggest that laws and practices burdening religion enhance corruption. Laws burdening …
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Nonbelievers, Nelson Tebbe
Nonbelievers, Nelson Tebbe
Cornell Law Faculty Publications
How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …
Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping
Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping
BYU Law Review
No abstract provided.
The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith
The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith
BYU Law Review
No abstract provided.
Religion In Contemporary Legal Systems, Tahir Mahmood
Religion In Contemporary Legal Systems, Tahir Mahmood
BYU Law Review
No abstract provided.
The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe
The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe
BYU Law Review
No abstract provided.
Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson
Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson
BYU Law Review
No abstract provided.
Religion And Neutrality: Myth, Principle, And Meaning , Rafael Palomino
Religion And Neutrality: Myth, Principle, And Meaning , Rafael Palomino
BYU Law Review
No abstract provided.
Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto
Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto
BYU Law Review
No abstract provided.
Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman
Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman
BYU Law Review
No abstract provided.
Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui
Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui
BYU Law Review
No abstract provided.
Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact, Zia Akhtar
Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact, Zia Akhtar
Indonesia Law Review
This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for …
No More 'Sha Still', Kenneth Lasson
No More 'Sha Still', Kenneth Lasson
All Faculty Scholarship
This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.
Brief Amicus Curiae Of The National Employment Lawyers Association In Support Of Respondents. Hosanna-Tabor Evangelical Lutheran Church And School V. Equal Employment Opportunity Commission, 565 U.S. 171 (2012) (No. 10-553), 2011 U.S. S. Ct. Briefs Lexis 984, Eric Schnapper, Rebecca M. Hamburg
Brief Amicus Curiae Of The National Employment Lawyers Association In Support Of Respondents. Hosanna-Tabor Evangelical Lutheran Church And School V. Equal Employment Opportunity Commission, 565 U.S. 171 (2012) (No. 10-553), 2011 U.S. S. Ct. Briefs Lexis 984, Eric Schnapper, Rebecca M. Hamburg
Court Briefs
QUESTION PRESENTED Is the anti-relatiation provision of the Americans with Disabilities Act, 42 U.S.C. 12203, unconstitutional as applied to the claims of respondents?
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Michigan Journal of International Law
If, with the benefit of hindsight, Mr. Choudhury's case was a harbinger of the emergence of various problems associated with Islam and the rights of Muslim minorities in European nation-states, then the events of September 11, 2001 have propelled these issues to the forefront of law and politics in a way unimaginable even a decade earlier. In Denmark, cartoons depicting the Islamic prophet Muhammad as a suicide bomber have been published leading to protests and violence across Europe and the Islamic world; a law prohibiting students in public schools from wearing symbols or attire through which they conspicuously exhibit a …
Sandel On Religion In The Public Square, Hugh Baxter
Sandel On Religion In The Public Square, Hugh Baxter
Faculty Scholarship
In the final chapter of "Justice" (2009), Sandel calls for a “new politics of the common good,” which he presents as an alternative to John Rawls’s idea of public reason. Sandel calls “misguided” Rawls’s search for “principles of justice that are neutral among competing conceptions of the good life.” According to Sandel, “[i]t is not always possible to define our rights and duties without taking up substantive moral questions; and even when it’s possible it may not be desirable.” In taking up these moral questions, Sandel writes, we must allow specifically religious convictions and reasons into the sphere of public …
Obama's Woes, Kenneth Lasson
Obama's Woes, Kenneth Lasson
All Faculty Scholarship
This short op-ed piece discusses Barack Obama's presidency, particularly with regard to Jewish issues and with Israel and the Middle East. The writer offers his rationale why the President's support among Jewish voters is slipping.
Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart
Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart
Legislation and Policy Brief
Beginning with Massachusetts in 2003, the courts and legislatures of many states have had to decide whether same-sex marriage is or should be a fundamental right under their respective constitutions. Although only five states and the District of Columbia legally perform same-sex marriages, a few other jurisdictions are in the process of proposing laws moving in that direction. However, the vast majority of states are holding fast to the traditional heterosexual definition of marriage. Thirty-eight states have adopted some sort of Defense of Marriage Act, constitutional amendment, or similar measure that defines marriage as the union between one man and …
Veil Or No Veil? Are We On The Right Track?, Rayhan Asat
Veil Or No Veil? Are We On The Right Track?, Rayhan Asat
Cornell Law School Inter-University Graduate Student Conference Papers
In recent years, it is ironic that a simple Muslim headscarf became one of most contentious and controversial political, culture, religious and human rights issue in various countries around the world. The Muslim headscarf affair has given rise to heated debate in Europe in particular. Extensive scholarship literature contributed to this debate from various aspects, including from the banning of the Niqab from a public sphere, to institutional education and from the courtroom context. One has to acknowledge that few expressions of faith today cause as much fear and loathing in plural democracies as the Muslim headscarf has. I intend …
Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle
Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I recount John Locke’s 1689 Letter Concerning Toleration and explain how religious liberty continues to rest on Lockean and related justifications. These various justifications depend in part on religious-moral reasoning (both Christian and non-Christian) and in part on political-pragmatic considerations. I then discuss recent and ongoing developments in the American religious landscape, including a radical increase in religious diversity, the modernization of traditional faiths, the individualization or "spiritualization" of religion, and the increasing secularization of individual belief structures. I suggest that these developments, over time, may seriously threaten the underlying religious-moral and political-pragmatic foundations of religious liberty …
Smith In Theory And Practice, Nelson Tebbe
Smith In Theory And Practice, Nelson Tebbe
Cornell Law Faculty Publications
Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and …
Harmonization Of Islamic Law In National Legal System: A Comparative Study Between Indonesia Law And Malaysian Law, Yeni Salma Barlinti
Harmonization Of Islamic Law In National Legal System: A Comparative Study Between Indonesia Law And Malaysian Law, Yeni Salma Barlinti
Indonesia Law Review
This artcile compares Indonesia legal system. The government legalized Islamic Law in national legislations, which are in effect for Muslim People. To facilitate dispute settlement, there is a relgious court to solve Islamic dispute based on Islamic Law. The Existance of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarties among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into consitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of relgious court is very important in dispute …
Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson
Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson
All Faculty Scholarship
This cover story focuses on two of baseball’s greatest players, Sandy Koufax, and Hank Greenberg. Besides describing their great talent for the game, it also chronicles the religious discrimination, taunts and abuse they had to endure for their religious beliefs, not just from the public, but occasionally from members of opposing teams as well.