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Articles 451 - 480 of 514
Full-Text Articles in Religion Law
Religious Fundamentalism And Legal Systems: Methods And Rationales In The Fight To Control The Political Apparatus, Andrew Paine
Religious Fundamentalism And Legal Systems: Methods And Rationales In The Fight To Control The Political Apparatus, Andrew Paine
Indiana Journal of Global Legal Studies
No abstract provided.
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck
Scholarly Articles in Law Reviews & Journals
In keeping with their religious traditions as devout Protestants, Bruce and Nancy Young regularly gave to their church in New Hope, Minnesota. From February 1991 to February 1992, the Youngs tithed $13,450 to their church.' Unfortunately-due to financial difficulties--the Youngs filed for Chapter 7 bankruptcy in February 1992. Because the Youngs tithed the $13,450 while insolvent, the bankruptcy trustee for their estate initiated a proceeding to void the transfers and return the contributions to the estate.
Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
Fordham Urban Law Journal
Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …
Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong
Faculty Publications
Section II of this Article studies in greater detail the religio-legal debate currently being waged in American courts and legislatures, including a brief discussion of the religio-legal history of the United States. Section II also describes how the United States resembles and differs from Ireland such that subsequent comparisons will be more accurate. Section III compares the two constitutions by analyzing the provisions and policies most influenced by religion. First, general principles of sovereignty and constitutional interpretation are reviewed to understand the general constitutional framework of each nation. Second, the manner in which personal rights are treated by each nation's …
The Implications Of The Constitution’S Religion Clauses On New York Family Law, Ilene Barshay
The Implications Of The Constitution’S Religion Clauses On New York Family Law, Ilene Barshay
Scholarly Works
No abstract provided.
Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang
Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang
Indiana Law Journal
No abstract provided.
Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin
Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin
Scholarly Works
No abstract provided.
Finding A True Story Of American Religion: Comments On L.H. Larue's Constitutional Law As Fiction: Narrative In The Rhetoric Of Authority, Winnifred Fallers Sullivan
Finding A True Story Of American Religion: Comments On L.H. Larue's Constitutional Law As Fiction: Narrative In The Rhetoric Of Authority, Winnifred Fallers Sullivan
Washington and Lee Law Review
No abstract provided.
All The Company Of Heaven, Milner S. Ball
All The Company Of Heaven, Milner S. Ball
Michigan Law Review
A Review of Joseph Vining, From Newton's Sleep
L'Affaire Des Foulards--Discrimination, Or The Price Of A Secular Public Education System?, Cynthia D. Baines
L'Affaire Des Foulards--Discrimination, Or The Price Of A Secular Public Education System?, Cynthia D. Baines
Vanderbilt Journal of Transnational Law
This Note examines the recent controversy over France's ban against "ostentatious" religious symbols in public schools. The only ostentatious symbol targeted by the French government, however, has been the head scarves worn by Muslim schoolgirls. The author explores the roots of the current ban by examining France's tradition of assimilation of immigrants and its constitutionally mandated secular public education system. The author also compares France's interests in prohibiting head scarves with the Muslim students' interests in practicing their religion. Finally, the author concludes that the French policy of banning head scarves from school is not only impractical, but likely a …
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
Scholarly Works
No abstract provided.
The Multicultures Of Belief And Disbelief, Sanford Levinson
The Multicultures Of Belief And Disbelief, Sanford Levinson
Michigan Law Review
A Review of Battleground: One Mother's Crusade, the Religious Right, and the Struggle for Control of Our Classrooms by Stephen Bates and The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion by Stephen L. Carter
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Michigan Law Review
A Review of The Politics of Virtue: Is Abortion Debatable? by Elizabeth Mensch and Alan Freeman
The Word On Trial, Robin West
The Word On Trial, Robin West
Georgetown Law Faculty Publications and Other Works
Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of "seven practices in law." The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so, strengthen the communities within which and for which they labor. The reader gains from these accounts not only a sympathetic understanding of the lives of seven lawyers, but a renewed sense of the possibilities their practices present. This can be put any …
Persuading Thy Neighbor To Be As Thyself: Constitutional Limits On Evangelism In The United States And India, Jonathan K. Stubbs
Persuading Thy Neighbor To Be As Thyself: Constitutional Limits On Evangelism In The United States And India, Jonathan K. Stubbs
Law Faculty Publications
Religious belief is frequently a very personal concern. Accordingly, situations in which individuals discuss beliefs with one another can result in a wide range of consequences. Such consequences may include mutual gratitude and growth as well as mutual distrust and destruction. ...
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
San Diego Law Review
This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
San Diego Law Review
This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.
The Pope's Submarine, John H. Garvey
The Pope's Submarine, John H. Garvey
San Diego Law Review
This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.
Section 4: Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Getting The Word, David Luban
Getting The Word, David Luban
Michigan Law Review
A Review of The Word and the Law by Milner S. Ball
The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman
The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman
Indiana Law Journal
No abstract provided.
Images, Spirituality, And Law, Richard Stith
Images, Spirituality, And Law, Richard Stith
Law Faculty Publications
No abstract provided.
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
Law Faculty Publications
No abstract provided.
Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel
Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel
Seattle University Law Review
Accordingly, in light of this struggle to balance public health with religious liberty, this Article chronicles the evolving liberties and liabilities of religious patients, parents, and healers over the course of the twentieth century and examines the current state of religious healing law. Throughout, it advocates the greatest possible liberty for religious healing consistent with public and family security, as well as advocating equal protection under the law for all involved in religious treatment, whether they are members of organized religious groups or individual practitioners.
Book Review. Choosing The Dream: The Future Of Religion In American Public Life By F. M. Gedicks And R. Hendrix, Daniel O. Conkle
Book Review. Choosing The Dream: The Future Of Religion In American Public Life By F. M. Gedicks And R. Hendrix, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Religion And Child Custody, Carl E. Schneider
Religion And Child Custody, Carl E. Schneider
University of Michigan Journal of Law Reform
In this Essay, I want to reflect on some problems at the intersection of religion, law, and the family. Specifically, I will explore the ways courts may consider a parent's religiously motivated behavior in making decisions about the custody of children. More precisely still, I will ask two questions. First, may a court refuse to award custody because of a parent's religiously motivated behavior in a dispute between a natural mother and a natural father? Second, when should a court agree to resolve a dispute between divorced parents over the religious upbringing of their children? These are topics of quiet …
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Faculty Publications
A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec
A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec
All Faculty Scholarship
This article focuses on the role of religious conflict between parents in determining child custody and visitation disputes. It suggests a framework for reconciling parental control over religious observance and training with the state's duty to protect the child's best interests. First, it examines the history of English and American child custody law and analyzes modern custody cases in which religion is a factor. Next, it addresses the alarming recent attempt by courts to resolve religious disputes with a shared custody approach, awarding 'spiritual custody' to one parent and 'physical custody' to the other. Finally, this article proposes a contractual …