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Religion Law Commons

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2016

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Articles 1 - 30 of 115

Full-Text Articles in Religion Law

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick Dec 2016

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell Dec 2016

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.


The Church And Magna Carta, R. H. Helmholz Dec 2016

The Church And Magna Carta, R. H. Helmholz

William & Mary Bill of Rights Journal

No abstract provided.


Canon Law In New Dimensions, Dr. Miriam Theresa Rooney Dec 2016

Canon Law In New Dimensions, Dr. Miriam Theresa Rooney

The Catholic Lawyer

No abstract provided.


Live Music During Thaipusam Processions In Singapore: Developments In The Law On Freedom Of Religion, Benjamin Joshua Ong Nov 2016

Live Music During Thaipusam Processions In Singapore: Developments In The Law On Freedom Of Religion, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In Singapore, due to the 2009 Public Order Act, public processions require an official permit, which may have conditions attached. In Vijaya Kumar s/o Rajendran v Attorney-General (17 September 2015), three applicants, citing their constitutional rights to freedom of religion and equality before the law, challenged such a condition which prohibited the use of musical instruments (other than at certain fixed points) during the annual procession for the Hindu festival of Thaipusam.


The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma Oct 2016

The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma

BYU Law Review

Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies. …


The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey Oct 2016

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey

BYU Law Review

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …


Human Rights, Religious Freedom, And Peace, David Little Oct 2016

Human Rights, Religious Freedom, And Peace, David Little

BYU Law Review

No abstract provided.


Curriculum Vitae And Assignments Of Abp. Robert Sanchez, Hall & Monagle, Llc Oct 2016

Curriculum Vitae And Assignments Of Abp. Robert Sanchez, Hall & Monagle, Llc

Records related to Abp. Robert Sanchez

No abstract provided.


The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn Oct 2016

The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn

Georgia Journal of Law & Technology

No abstract provided.


The International Secretariat Of Lawyers Of Pax Romana, Edward T. Fagan Oct 2016

The International Secretariat Of Lawyers Of Pax Romana, Edward T. Fagan

The Catholic Lawyer

No abstract provided.


Lay Attorneys In Canonical Marriage Cases, Rt. Rev. Marion J. Reinhardt Oct 2016

Lay Attorneys In Canonical Marriage Cases, Rt. Rev. Marion J. Reinhardt

The Catholic Lawyer

No abstract provided.


A Nurse's Face: The Burqa In The Hospital, Lucas Newbill Oct 2016

A Nurse's Face: The Burqa In The Hospital, Lucas Newbill

North Carolina Central Law Review

No abstract provided.


A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman Oct 2016

A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman

Northwestern University Law Review

The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …


Who Speaks The Culture Of The Corporation?, Gwendolyn Gordon Oct 2016

Who Speaks The Culture Of The Corporation?, Gwendolyn Gordon

Michigan Business & Entrepreneurial Law Review

Recent cases – Burwell v Hobby Lobby Stores and Citizens United chief among them – evince a new understanding of the nature of the corporation and its place in society. Whether a corporation has rights – such as those of religious exercise – is not, however, just a question of legal interpretation. To answer this question requires a theory of group or cultural identity, that is, a theory of how a group may have “culture” separate and apart from those of the individuals that comprise it. And such a theory must address how to understand the meaning of culture when …


Analisis Tentang Sistem Peradilan Agama Di Indonesia, Domiri - Sep 2016

Analisis Tentang Sistem Peradilan Agama Di Indonesia, Domiri -

Jurnal Hukum & Pembangunan

Religious Court serves as the judicial system in Indonesia, in addition it is also a subsystem of the Indonesian judicial system. The Indonesian judicial system is composed of several subsystems, such as, Religious Court, Commercial Court, Military Court, and the Administrative Court. As a judicial system, the Religious Court has several sub-systems or component. Its components are: first, the law itself, which includes procedural and substantive law. Secondly, the apparatus of the court, including judges, clerks, and bailiffs. Each of these components has their own duty and function.. The law serves as the guideline for all the officials of the …


The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause Sep 2016

The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause

Fidei et Veritatis: The Liberty University Journal of Graduate Research

For centuries, the Mosaic Code (“MC”) has been viewed as Israel’s prescriptive legislation, whereby Jewish leaders were to judge infractions by the “letter of the law.” This view is one which permeates both pulpit and pew alike, even in this modern era. However, recent developments in scholarship are challenging this understanding of MC, concluding instead that this “law code” was not utilized in Israelite jurisprudence, but rather as a covenant contract that worked not prescriptively in the lives of the Jews, but rather descriptively, in that it relayed the heart of YHWH to its reader. Accordingly, MC was to be …


Deposition Of Fr. John Feit, Hall & Monagle, Llc Sep 2016

Deposition Of Fr. John Feit, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.


Deposition Of Fr. John Feit 2016: Exhibit 4, Hall & Monagle, Llc Sep 2016

Deposition Of Fr. John Feit 2016: Exhibit 4, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.


Deposition Of Fr. John Feit 2016: Exhibit 3, Hall & Monagle, Llc Sep 2016

Deposition Of Fr. John Feit 2016: Exhibit 3, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.


Deposition Of Fr. John Feit 2016: Exhibit 5, Hall & Monagle, Llc Sep 2016

Deposition Of Fr. John Feit 2016: Exhibit 5, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.


Deposition Of Fr. John Feit 2016: Exhibit 1, Hall & Monagle, Llc Sep 2016

Deposition Of Fr. John Feit 2016: Exhibit 1, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.


Deposition Of Fr. John Feit 2016: Exhibit 2, Hall & Monagle, Llc Sep 2016

Deposition Of Fr. John Feit 2016: Exhibit 2, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.


Deposition Of Fr. John Feit 2016: Exhibit 6, Hall & Monagle, Llc Sep 2016

Deposition Of Fr. John Feit 2016: Exhibit 6, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.


Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer Sep 2016

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

Faculty Publications

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …


The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm. Jul 2016

The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm.

The Catholic Lawyer

No abstract provided.


How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe Jul 2016

How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Tinjauan Filosofis Dan Teoritis Penggunaan Hukum Acara Hir/Rbg Dalam Penyelesaian Sengketa Waris Di Pengadilan Agama, Domiri - Jul 2016

Tinjauan Filosofis Dan Teoritis Penggunaan Hukum Acara Hir/Rbg Dalam Penyelesaian Sengketa Waris Di Pengadilan Agama, Domiri -

Jurnal Hukum & Pembangunan

Act of the Republic of Indonesia, Number 7 Year 1989, Chapter 54 states that· the general procedural law in Religious Courts is HIRIRBG. HIRIRBG is sourced from western civil law, so that in resolving all matters which are under its authority, Religious Courts conducted general procedural law of HIRIRBG sourced from western civil law, including in resolving inheritance disputes. Therefore, the procedural law of inheritance in Religious Courts which the material law sourced from islamic law would be equated with the western civil law which its material law was …


Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo Jun 2016

Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Islamic Financing: A Successful Takeoff Or A Crash Landing? Whether Or Not Islamic Financing Should Be Used To Finance And Lease Aircraft, Jennifer Ann Urban Jun 2016

Islamic Financing: A Successful Takeoff Or A Crash Landing? Whether Or Not Islamic Financing Should Be Used To Finance And Lease Aircraft, Jennifer Ann Urban

The Journal of Business, Entrepreneurship & the Law

As international air travel continues to increase, Islamic financing is a key option to consider in securing aviation financing. This paper begins with background information of the foundation of Islam. Then, it explains the applicable international treaties and their roles within Middle Eastern nations. Next, Islamic finance law is addressed, followed by Islamic aviation and leasing in general. Finally, this paper concludes with a case study of how these principles come into play in the United Arab Emirates.