Open Access. Powered by Scholars. Published by Universities.®

Religion Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2251 - 2280 of 4102

Full-Text Articles in Religion Law

The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz Sep 2009

The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz

Buffalo Public Interest Law Journal

No abstract provided.


Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown Sep 2009

Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown

West Virginia Law Review

No abstract provided.


Introduction To Symposium: International Protection Of Religious Freedom: National Implementation Sep 2009

Introduction To Symposium: International Protection Of Religious Freedom: National Implementation

BYU Law Review

No abstract provided.


Religion And Rule Of Law In China Today, Zhuo Xinping Sep 2009

Religion And Rule Of Law In China Today, Zhuo Xinping

BYU Law Review

No abstract provided.


The Protection Of Religious Rights Under Australian Law , Denise Meyerson Sep 2009

The Protection Of Religious Rights Under Australian Law , Denise Meyerson

BYU Law Review

No abstract provided.


Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko Sep 2009

Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko

BYU Law Review

No abstract provided.


The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes Sep 2009

The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes

BYU Law Review

No abstract provided.


The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras Sep 2009

The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras

BYU Law Review

No abstract provided.


The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval Sep 2009

The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval

BYU Law Review

No abstract provided.


The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete Sep 2009

The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete

BYU Law Review

No abstract provided.


Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro Sep 2009

Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro

BYU Law Review

No abstract provided.


Property And Speech In Summum, Joseph Blocher Aug 2009

Property And Speech In Summum, Joseph Blocher

NULR Online

City of Pleasant Grove v. Summum is, by its own reckoning, a case about government speech under the Free Speech Clause of the First Amendment. Even so, most commentary has justifiably focused on the decision’s implications for another part of the First Amendment: the Establishment Clause. This brief Article addresses yet another feature of Summum—what itdraws from, and says about, the relationship between speech rights and property ownership. This relationship is not only the driving force behind the majority’s opinion, but is also an important tool for understanding government speech in other cases involving government intrusion into speech markets, …


Hall And Monagle Notes For Deposition Of Fr. John Cannon, Hall & Monagle, Llc Aug 2009

Hall And Monagle Notes For Deposition Of Fr. John Cannon, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.


Keeping The Government's Religion Pure: Pleasant Grove City V. Summum, Christopher C. Lund Jul 2009

Keeping The Government's Religion Pure: Pleasant Grove City V. Summum, Christopher C. Lund

NULR Online

In January, the Supreme Court decided Pleasant Grove City v. Summum. Summum, a religious organization, sought the right to put up a permanent monument of its Seven Aphorisms—its version of the Ten Commandments—in a local city park. At the time, the park had about fifteen other monuments, including a traditional Ten Commandments display. But this was a Free Speech case, not an Establishment Clause case. The plaintiffs were not trying to use the First Amendment to have the existing Ten Commandments display removed; they were instead trying to use the First Amendment to force the city into displaying their …


Is Law - Constitutional Crisis And Existential Anxiety, Alice Ristroph Jul 2009

Is Law - Constitutional Crisis And Existential Anxiety, Alice Ristroph

Faculty Scholarship

No abstract provided.


Self-Love And Forgiveness: A Holy Alliance?, Patrick Mckinley Brennan Jul 2009

Self-Love And Forgiveness: A Holy Alliance?, Patrick Mckinley Brennan

Working Paper Series

Forgiving is not pardoning, excusing, condoning, forgetting, or reconciling, nor is forgiving just about a change in emotions on the part of a victim. This paper pursues a virtue-theoretic account of the human person in the context of the theology of Thomas Aquinas, arguing that human forgiveness is the form love takes by an offended toward her offender. The paper argues, first, for the priority of the offended person's self-love and, second, for such self-love's extension into love of the offender as another self. The paper explores in depth the challenges of seeing one's enemy as "another self." Forgiving, the …


A Look At Traditional Islam's General Discord With A Permanent System Of Global Cooperation, Meghan E. Tepas Jul 2009

A Look At Traditional Islam's General Discord With A Permanent System Of Global Cooperation, Meghan E. Tepas

Indiana Journal of Global Legal Studies

In today's world, nation-states do not operate in isolation. Rather, the myriad global organizations and cross-border treaties evidence that the post-World War II political climate is one of interconnectedness and cooperation between states. Against this backdrop, this Note surveys the tension between the current global world order and a strict adherence to traditional source-based application of Islamic law, Shari'a. The tension begins with the concept of statehood, seemingly absent in traditional Islam, and continues with the Islamic unification of religion and state and its limited role for a political leader. Using Iran as an example, this Note argues that political …


From Clampdown To Limited Empowerment: Hard And Soft Law In The Calibration And Regulation Of Religious Conduct In Singapore, Eugene K. B. Tan Jul 2009

From Clampdown To Limited Empowerment: Hard And Soft Law In The Calibration And Regulation Of Religious Conduct In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The focus of Singapore's response to terrorism post 9/11 has been to reach out to the “moderate, mainstream” Muslims as a bulwark against societal implosion. This article examines the broad-based endeavor toward “religious moderation.” While coercive draconian legislation remain the mainstay against extremists and radicals, the mobilization of soft law, aspirational norms, and values are consciously woven into the state's endeavors to enhance society's resilience and cohesion. They also seek to regulate religious conduct at a time when the state wishes to entrench secularism as a cornerstone of the governance of a multi-racial, multireligious society. Rights and regulation are not …


Confession And Mandatory Child Abuse Reporting: A New Take On The Constitutionality Of Abrogating The Priest-Penitent Privilege, Samuel G. Brooks May 2009

Confession And Mandatory Child Abuse Reporting: A New Take On The Constitutionality Of Abrogating The Priest-Penitent Privilege, Samuel G. Brooks

Brigham Young University Journal of Public Law

No abstract provided.


The Congressional Chaplaincies, Christopher C. Lund May 2009

The Congressional Chaplaincies, Christopher C. Lund

William & Mary Bill of Rights Journal

Roughly twenty-five years ago, in Marsh v. Chambers, the Supreme Court considered the congressional chaplaincies, and concluded that they were not "an 'establishment' of religion or a step toward establishment," but instead were "simply a tolerable acknowledgment of beliefs widely held among the people of this country."' That latter phrase has been repeated hundreds of times in cases and law review articles; it suggests that the chaplaincies are uninteresting and uncontroversial and that they have been so throughout our history. The Court in Marsh looked only briefly at the history of the chaplaincies.2 A deeper look at that history reveals …


Establishing Inequality, Gene R. Nichol Apr 2009

Establishing Inequality, Gene R. Nichol

Michigan Law Review

Part I outlines Nussbaum's thesis and her similarly interesting, if perhaps not always completely consistent, applications of it. Part II touches on some challenges and potential shortcomings her theory presents-for clearly there are such. But, in Part III, I argue that her wide-ranging study of the work of the religion clauses nonetheless touches something residing at the core of American citizenship. No bosses. No masters. No insiders. None outcast. Finally, and far more idiosyncratically, in Part IV I explore and expand on Nussbaum's thesis in light of a modestly serious and rather public dispute over religious equality that occurred at …


Fathers, Foreskins, And Family Law, Dena S. Davis Apr 2009

Fathers, Foreskins, And Family Law, Dena S. Davis

Law Faculty Articles and Essays

In the United States, a custodial parent has the right and responsibility to make medical decisions for one's child. But does that right encompass consenting for a surgical procedure for which there is little or no medical justification? What if the noncustodial parent opposed the procedure? And when is a child old enough to make the decision for him- or herself? How should a physician respond when asked to perform a surgical procedure when the decision is enmeshed in family controversy? These and other questions are considered in Boldt, a recent family law case decided by the Supreme Court of …


Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman Apr 2009

Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman

Indiana Law Journal

No abstract provided.


Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste Apr 2009

Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste

Dalhousie Law Journal

The Supreme Court of Canada has long pursued the view that our law is somehow an expression and repository of what it terms "Canada 's fundamental values." In Bruker v. Marcovitz, the Court added to the catalogue of these judicially decreed and enforced values one concerning religion, namely, the protection of Canadians against the arbitrary disadvantages of their religions. This comment argues that the Court's judgment in this regard constitutes a fundamental threat to religious liberty inasmuch as it subordinates religious beliefand practice to state values by making the legal acceptability of the former turn on their conformity to the …


Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles Apr 2009

Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles

Indiana Law Journal

No abstract provided.


An Opiate Of The Masses: Religious Gerrymandering Of Sacramental Intoxication, Mark A. Levine Apr 2009

An Opiate Of The Masses: Religious Gerrymandering Of Sacramental Intoxication, Mark A. Levine

North Carolina Central Law Review

No abstract provided.


A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky Apr 2009

A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky

The University of New Hampshire Law Review

[Excerpt] “On September 25, 1789, the First Congress of the United States put forth a set of constitutional amendments, ten of which would later become the Bill of Rights. The first of these amendments states, ―Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . . In subsequent caselaw, the U.S. Supreme Court has applied this prohibition to the federal government, as well as state governments through the Fourteenth Amendment. Although this appears to be a simple standard to follow, history has proven otherwise, and …


Parental Rights And The State Regulation Of Religious Schools, Matthew Steilen Mar 2009

Parental Rights And The State Regulation Of Religious Schools, Matthew Steilen

Brigham Young University Education and Law Journal

No abstract provided.


Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan Mar 2009

Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan

Working Paper Series

This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …


Theology In Public Reason And Legal Discourse: A Case For The Preferential Option For The Poor, Russell Powell Mar 2009

Theology In Public Reason And Legal Discourse: A Case For The Preferential Option For The Poor, Russell Powell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.