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Articles 2851 - 2880 of 4102

Full-Text Articles in Religion Law

"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham Jan 2004

"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham

University of Michigan Journal of Law Reform

This Article discusses faith-based prison programs that immerse prisoners living in residential units within a prison in a religious atmosphere. Part One analyzes the constitutionality of these programs under the Establishment Clause of the First Amendment. It notes that state action in the prison context receives more deference from courts than outside the prison context, and that prisoners' constitutional rights are more constricted than free persons" Part I proceeds to analyze the constitutionality of faith immersion programs in prisons, in light of the Supreme Court's precedents dealing with prisoners' rights and the Establishment Clause. States can defend immersion programs on …

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Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions, Gregory C. Sisk, Michael Heise, Andrew P. Morriss Jan 2004

Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions, Gregory C. Sisk, Michael Heise, Andrew P. Morriss

Cornell Law Faculty Publications

During the past half century, constitutional theories of religious freedom have been in a state of great controversy, perpetual transformation, and consequent uncertainty. Given the vitality of religious faith for most Americans and the vigor of the enduring debate on the proper role of religious belief and practice in public society, a searching exploration of the influences upon judges in making decisions that uphold or reject claims implicating religious freedom is long overdue. Many thoughtful contributions have been to the debate about whether judges should allow their religious beliefs to surface in the exercise of their judicial role. Yet much …

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Davey And The Limits Of Equality, Laura S. Underkuffler Jan 2004

Davey And The Limits Of Equality, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

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The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French Jan 2004

The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French

Journal Articles

No abstract provided.

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Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard W. Garnett Jan 2004

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard W. Garnett

Journal Articles

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …

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More Is Less, Philip A. Hamburger Jan 2004

More Is Less, Philip A. Hamburger

Faculty Scholarship

Is the First Amendment's right of free exercise of religion conditional upon government interests? Many eighteenth-century Americans said it was utterly unconditional. For example, James Madison and numerous contemporaries declared in 1785 that "the right of every man to exercise ['Religion'] ... is in its nature an unalienable right" and "therefore that in matters of Religion, no mans right is abridged by the institution of Civil Society." In contrast, during the past forty years, the United States Supreme Court has repeatedly conditioned the right of free exercise on compelling government interests. The Court not merely qualifies the practice of the …

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Training For Justice: The Global Reach Of Clinical Legal Education, Richard J. Wilson Jan 2004

Training For Justice: The Global Reach Of Clinical Legal Education, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher Jan 2004

Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher

Faculty Scholarship

The centrality of guilt in the criminal law provides puzzling perspective in the perennial debate on the nature and purpose of punishment. Why is it that all legal systems use this highly charged moral term to refer to an essential component of liability to punishment? This question is not easily answered. The reliance on the concept of guilt in the criminal law is suffused with paradox and mystery.

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Religion And The Rehnquist Court, Kent Greenawalt Jan 2004

Religion And The Rehnquist Court, Kent Greenawalt

Faculty Scholarship

This summary Article pays predominant attention to what the Rehnquist Court has altered. It slights a significant range of continuity. That includes the Court's strong rejection of laws that discriminate among religions or that target religious practices and the Court's inhospitable response to religious exercises that are sponsored by public schools. Although "continuity" may be a misleading term for subjects a court has not addressed, the Supreme Court has not touched the law regarding judicial involvement in church property disputes since Rehnquist became Chief Justice, and nothing it has decided presages an obvious shift in that jurisprudence.

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Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark V. Tushnet Jan 2004

Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

The argument I sketch here for institutional autonomy is basically empirical and agrees with Professor Hamilton in making harm-reduction the overriding social goal. The argument proceeds in two steps. First, I suggest that autonomous institutions may be able to socialize their adherents more effectively than institutions that lack autonomy and that - if the institutions' values are compatible with the legislature's - their more effective socialization can produce a net reduction in the harms inflicted by the institutions' members. Second, autonomy for all institutions can be defended if the gains from assuring autonomy for groups whose values are compatible with …

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Reconstructing The Blaine Amendments, Frederick Mark Gedicks Jan 2004

Reconstructing The Blaine Amendments, Frederick Mark Gedicks

Faculty Scholarship

In the wake of the Supreme Court's decision upholding school vouchers in Zelman v. Simmons-Harris, school choice proponents have turned their attention to the state Blaine Amendments. Blaine Amendments are contained in 37 state constitutions, and are modeled after a failed federal constitutional amendment sponsored by James G. Blaine in 1876 that would have prohibited the states from allocating state funds and other resources to sectarian organizations. Thus, even though Zelman appears to have removed all federal Establishment Clause impediments to properly structured school choice programs, Blaine Amendments continue to stand in the way of such programs.

The validity of …

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The Theology Of The Blaine Amendments, Richard W. Garnett Jan 2004

The Theology Of The Blaine Amendments, Richard W. Garnett

Journal Articles

The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom.

First, the Article considers what might be called the federalism defense of the provisions. …

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The Legally Queer Child, Bruce Macdougall Jan 2004

The Legally Queer Child, Bruce Macdougall

All Faculty Publications

This article explores the various presumptions and arguments of Canadian courts in largely denying queer children a legal presence. An analysis of the intersection of homosexuality and children is explored with a view to arguing that legally, queer children deserve a voice. The author begins by outlining the development of the legal conceptualization of the "child". This conceptualization led to the notion of the child as innocent, and thus in need of protection. In comparison, homosexuals came to be characterized as "aberrant" and "predatory". Protecting children from homosexuals then became a simple step of logic, which ultimately led to the …

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Catholic Social Teaching And Its Impact On American Law: Observations On The Past And Reflections On The Future, Lucia A. Silecchia Jan 2004

Catholic Social Teaching And Its Impact On American Law: Observations On The Past And Reflections On The Future, Lucia A. Silecchia

Scholarly Articles

In recent years, greater attention has been paid to the influence of Catholic social teaching as a contributor to legal debates in American society. As it has developed, Catholic social teaching clearly envisions a role for the Church to play in shaping society. The interplay between Catholic social teaching and American law is a fascinating, complex, and, at times, tense relationship. That relationship is the subject of these observations and reflections. The first part of this discussion explores how leading Church documents define the proper scope of influence for Catholic social teaching. After this brief background, the discussion will turn …

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The First Free Exercise Case, Walter J. Walsh Jan 2004

The First Free Exercise Case, Walter J. Walsh

Articles

Part I of this Article tells the colonial history of religious freedom in New York State from a minority perspective, with specific reference to the secrecy of the confessional-the very practice that would be constitutionally tested in Philips. Part II describes the immediate social and political issues raised by the influx of Irish Catholic refugees into New York City in the wake of the failed United Irish Rebellion of 1798. Part III treats the unfriendly 1811 ruling of the federalist Chief Justice James Kent in People v. Ruggles as representative of the dominant Anglocentric constitutional legacy of imperial Protestant …

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Collective Guilt And Collective Punishment, George P. Fletcher Jan 2004

Collective Guilt And Collective Punishment, George P. Fletcher

Faculty Scholarship

Attitudes toward collective guilt in the Middle East require us to take a closer look at guilt in the Bible. It turns out the text of Genesis is conflicted. Some passages support a theory of guilt linked with the inevitability of cleansing and punishment; other passages appear to treat guilt as a psychological state that might be cured by a confession of sins. The tension is important today in trying to understand whether the collective guilt of nations should also entail collective punishment.

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A Defining Faith: "True" Religion And The Establishment Clause, Jeffrey Shulman Nov 2003

A Defining Faith: "True" Religion And The Establishment Clause, Jeffrey Shulman

ExpressO

This essay examines two trends in modern church-state law. Parts I and II review the history of the Supreme Court's Establishment Clause cases. It is a history that can best be understood as a series of jurisprudential maneuvers by which the Court has sought to make room for religion in civic life. The accommodations made by the Court to religious belief and conduct have, in effect, allowed for discrimination against non-religion, and have edged the court toward a nonpreferentialist perspective on disestablishment. But the Court’s accommodating attitude amounts to more than a preference for the many varieties of religious experience. …

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Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor Oct 2003

Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor

ExpressO

The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell’s thesis of racism’s permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr’s paradox that social action is both necessary and meaningful …

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Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill Oct 2003

Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill

Law Faculty Publications

Religion continues to play a significant role in shaping our attitudes toward nature.2 Time-honored principles of stewardship of the land demand that we owe a duty to future generations to allow them to inherit a healthy environment. Essential to this obligation is spiritual faith, not the trendy brand of secular humanism espoused by ecodogmatists seeking environmental justice through means unmoored from centuries-old principles of creation. What secular humanism ignores-and what religious traditions the world over have recognizedis the reality that we are a "creative expression of the earth's own evolution."3 Thus, in light of our duty to posterity, mere emphasis …

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Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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France: Human Rights, Religious Freedoms & A Secular Society?, Kristen Walder Sep 2003

France: Human Rights, Religious Freedoms & A Secular Society?, Kristen Walder

Buffalo Women's Law Journal

No abstract provided.

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The Sword And The Shield: Rluipa And The New Battle Ground Of Religious Freedom, Kevin M. Powers Sep 2003

The Sword And The Shield: Rluipa And The New Battle Ground Of Religious Freedom, Kevin M. Powers

Buffalo Public Interest Law Journal

No abstract provided.

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Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan Aug 2003

Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan

ExpressO

The State Blaine Amendments are provisions in thirty-seven state constitutions that restrict persons’ and organizations’ access to public benefits on religious grounds. They arose largely in the mid- to late-1800s in response to bitter strife between an established Protestant majority and a growing Catholic minority that sought equal access to public funding for Catholic schools. After the failure to pass a federal constitutional amendment—the "Blaine Amendment"—that would have sealed off public school funds from "sectarian" institutions, similar provisions proliferated in state constitutions. These "State Blaines" have often been interpreted, under their plain terms, as erecting religion-sensitive barriers to the flow …

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Timeline Of Fr. Jason Sigler, Hall & Monagle, Llc Aug 2003

Timeline Of Fr. Jason Sigler, Hall & Monagle, Llc

Timelines

No abstract provided.

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Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles Jun 2003

Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles

Washington and Lee Law Review

No abstract provided.

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Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser May 2003

Protected From Their Own Beliefs: Religious Objectors And Paternalistic Laws, Adam Fraser

Brigham Young University Journal of Public Law

No abstract provided.

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Proselytizers, Pamphleteers, Pests, And Other First Amendment Champions: Watchtower Bible And Tract Society Of New York, Inc. V. Village Of Stratton, Kathryn Lusty May 2003

Proselytizers, Pamphleteers, Pests, And Other First Amendment Champions: Watchtower Bible And Tract Society Of New York, Inc. V. Village Of Stratton, Kathryn Lusty

Brigham Young University Journal of Public Law

No abstract provided.

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Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green May 2003

Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green

Washington Law Review

In Davey v. Locke, a panel of the United States Court of Appeals for the Ninth Circuit ruled that Washington violated the Free Exercise Clause by refusing to allow a scholarship recipient to use state funds to pursue a theology degree. The court held that the state's scholarship requirements facially discriminated against religion, and that the state's interest in not violating its constitution did not serve as a compelling reason for the discrimination. In so holding, the Davey court ignored Ninth Circuit precedent and embraced a theory of the Religion Clauses at odds with United States Supreme Court jurisprudence. …

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Distinctively Christian Perspectives On Legal Thought?, Mark Tushnet May 2003

Distinctively Christian Perspectives On Legal Thought?, Mark Tushnet

Michigan Law Review

The plural in the title of Christian Perspectives on Legal Thought immediately suggests one problem in reviewing this collection of essays: identifying unifying themes is difficult precisely because there are a variety of Christian perspectives represented here. Christian perspectives include those of Anabaptists and their modern successors such as Mennonites (who regard law as simply irrelevant to their Christianity), those of the nineteenth-century Catholic church (which was hostile to democracy and religious toleration), and those of the modern Catholic church (which endorses religious pluralism and the preferential option for the poor - among many others). What, then, might be distinctive …

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Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic May 2003

Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic

BYU Law Review

No abstract provided.

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