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Articles 2431 - 2460 of 4102

Full-Text Articles in Religion Law

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Oct 2007

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.


The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly Oct 2007

The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly

W&M Law Student Publications

Observant Sikh lawyers are presumptively prohibited from joining the U.S. Army Judge Advocate General (JAG) Corps because they cannot satisfy the Army's appearance regulations. This essay argues that this presumptive prohibition violates the Religious Freedom Restoration Act (RFRA). Under RFRA, the federal government may substantially burden an individual's exercise of religion only if it demonstrates that its application of the burden furthers a compelling governmental interest by the least restrictive means.' The Army's appearance regulations are designed to promote two interests-uniformity and safety. In the course of furthering these interests, the Army's appearance regulations effectively preclude observant Sikhs from joining …


Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan Oct 2007

Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a ‘conflict of civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …


Life After The Establishment Clause, Steven G. Gey Sep 2007

Life After The Establishment Clause, Steven G. Gey

West Virginia Law Review

No abstract provided.


Substantive Neutrality Revisited, Douglas Laycock Sep 2007

Substantive Neutrality Revisited, Douglas Laycock

West Virginia Law Review

No abstract provided.


Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green Sep 2007

Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green

West Virginia Law Review

No abstract provided.


Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle Sep 2007

Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle

West Virginia Law Review

No abstract provided.


Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman Sep 2007

Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman

West Virginia Law Review

No abstract provided.


Why Student Religious Speech Is Speech, John E. Taylor Sep 2007

Why Student Religious Speech Is Speech, John E. Taylor

West Virginia Law Review

No abstract provided.


The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle Sep 2007

The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle

West Virginia Law Review

No abstract provided.


Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt Sep 2007

Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt

West Virginia Law Review

No abstract provided.


When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck Sep 2007

When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck

West Virginia Law Review

No abstract provided.


Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler Sep 2007

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

West Virginia Law Review

No abstract provided.


Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella Sep 2007

Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella

West Virginia Law Review

No abstract provided.


Rape And The Exception In Turkish And International Law, Ruth A. Miller Sep 2007

Rape And The Exception In Turkish And International Law, Ruth A. Miller

Washington and Lee Law Review

This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …


Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix Sep 2007

Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix

West Virginia Law Review

No abstract provided.


The "Direct" Financing Of Religious Minorities In Spain, Jose Maria Contreras Mazario Sep 2007

The "Direct" Financing Of Religious Minorities In Spain, Jose Maria Contreras Mazario

BYU Law Review

No abstract provided.


Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau Sep 2007

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …


The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson Sep 2007

The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson

Washington and Lee Law Review

Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …


Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack Sep 2007

Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack

Washington and Lee Law Review

One of the more notable features of Indonesian Islamic law is its recognition of the concept of jointly owned marital property. The Indonesian doctrine of joint marital property bears a striking similarity to the community property system in California. In both systems the marital estate consists of property acquired during the marriage through the efforts of either of the spouses. Both systems distinguish marital property from separate property and both define separate property as all property owned by either spouse prior to the marriage or acquired by gift or inheritance afterwards. Apart from their doctrinal similarity, Indonesian Islamic marital property …


"Big Love"'?* The Recognition Of Customary Marriages In South Africa, Penelope E. Andrews Sep 2007

"Big Love"'?* The Recognition Of Customary Marriages In South Africa, Penelope E. Andrews

Washington and Lee Law Review

This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality


Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre Sep 2007

Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre

Washington and Lee Law Review

While polygamy is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or morality of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light …


Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger Sep 2007

Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger

Washington and Lee Law Review

One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …


The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis Sep 2007

The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis

Washington and Lee Law Review

No abstract provided.


"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith Sep 2007

"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith

West Virginia Law Review

No abstract provided.


Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets Sep 2007

Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets

Washington and Lee Law Review

This Article explores the path of possibilities offered in the case of Moroccans-in particular women-residing in (continental) Europe to determine, up to a point, the legal regime that will apply to their family life. The vast majority of Moroccans currently living in Europe have retained their original nationality, often combining it with that of the country of habitual residence. Adhesion to Islam often explains the attachment to the family law, which is a religious law, of the country of origin. Family reunifications in many cases mean enduring "rootedness" in the normative system of the country of origin. With mobility rendered …


How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini Sep 2007

How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini

Washington and Lee Law Review

This Comment compares the politics and dynamics of recent family law reforms in Iran and Morocco. In both countries, reforms have in effect crippled men's privileges in marriage under Islamic law by restricting their unilateral and extra-judicial rights to divorce and polygyny. In Morocco, the 2004 reforms are radical in that they admit the principle of equality in marriage and cast classical Maliki School of Sunni law in a new light; the result of prolonged efforts by the women's movement, these reforms were finally achieved by the intervention of the King who claimed the right of ijtihad as the Commander …


Keynote Address: After Twenty-Five Years, Robert A. Seiple Sep 2007

Keynote Address: After Twenty-Five Years, Robert A. Seiple

BYU Law Review

No abstract provided.


Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal Sep 2007

Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal

BYU Law Review

No abstract provided.


Religious Accommodation In Japan, Eiichiro Takahata Sep 2007

Religious Accommodation In Japan, Eiichiro Takahata

BYU Law Review

No abstract provided.