Religion Law Commons^™

Does The Human Right To Freedom Of Conscience, Religion, And Belief Have Special Status?, David Little

BYU Law Review

No abstract provided.

Religious Pluralism: Problems And Prospects, J. Gordon Melton

BYU Law Review

No abstract provided.

Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee

BYU Law Review

No abstract provided.

Religious Freedom, Separation Of Powers, And The Reversal Of Roles, Michael W. Mcconnell

BYU Law Review

No abstract provided.

Religious Freedom In Germany, Gerhard Robbers

BYU Law Review

No abstract provided.

Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz

BYU Law Review

No abstract provided.

The Framers' Establishment Clause: How High The Wall?, J. Clifford Wallace

BYU Law Review

No abstract provided.

Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston

BYU Law Review

No abstract provided.

The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Journal Articles

The Rabbis of the Talmud were a community for moral discernment—a community commissioned by God to interpret the Word of God. Their story is theology. Michael Scanlon, a modem Roman Catholic thinker, assumes such a theology and adds anthropology.

The Rabbis assume and Scanlon describes a community for ethical discernment. It is a perception—somewhat empirical, somewhat theological—that is important and neglected for lawyers in academic jurisprudence and in religious legal ethics. My argument here is that what lawyers should do about "ethical dilemmas" in professional practice can be discerned in the sort of community the Talmud describes, and Scanlon describes, …

Preserving The Establishment Clause: One Step Forward And Two Steps Back, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.

The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

Chandler V. James: A Student's Right Of Prayer In Public Schools, Howard M. Baik

Brigham Young University Journal of Public Law

No abstract provided.

The Religious Land Use And Institutionalized Persons Act Of 2000 (Rluipa): A Valid Exercise Of Congressional Power?, Shawn Jensvold

Brigham Young University Journal of Public Law

No abstract provided.

In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen M. Durden

Brigham Young University Education and Law Journal

No abstract provided.

A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker

Brigham Young University Journal of Public Law

No abstract provided.

Falun Gong: An Analysis Of China's National Security Concerns, Kelly A. Thomas

Washington International Law Journal

The Chinese government's brutal crackdown on the Falun Gong spiritual movement stands in marked contrast to its recent acknowledgement of its need to improve its human rights record and repeated avowals to take the legal steps necessary to conform with international human rights treaties. China's leadership has attempted to justify the crackdown, citing both historical reasons and national security concerns. Analysis of China's history demonstrates that repression of anti-government groups has only hardened their resistance. Similarly, the campaign against Falun Gong has failed to stop protests staged by the group's followers. In fact, Falun Gong's expressions of dissent have become …

Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong

Faculty Publications

The essays collected in this book arise out of a series of seminars exploring the relationship between law and faith, broadly defined, and investigate "the many varied links between law and faith", particularly as those links relate to legal theory. While the editors intended to demonstrate the diversity of ways in which the topic can be viewed, this very diversity causes some problems for the reader.

Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith

William & Mary Law Review

No abstract provided.

Accommodation And Equal Liberty, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

How should legislatures respond to requests from religious individuals or institutions for exemptions to generally applicable laws? In Employment Division v. Smith, the Supreme Court held that the Free Exercise Clause does not require legislatures (federal or state) to honor such requests. The question remains whether they should do so on a voluntary basis. This is the problem of permissive accommodation-that is, accommodation of religious liberty as a matter of political discretion rather than constitutional compulsion. Put in the terms of this Symposium, it is the problem of accommodation in the public square. It is not immediately apparent why permissive …

Religion In The Public Square, Davison M. Douglas

William & Mary Law Review

No abstract provided.

Why Political Reliance On Religiously Grounded Morality Does Not Violate The Establishment Clause, Michael J. Perry

William & Mary Law Review

No abstract provided.

Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson

William & Mary Bill of Rights Journal

Religious discussion in American public schools is one of the more controversial issues in modern education. Ellen Johnson not only explains the American Atheists 'position on the issue, but also presents observations from the often-ignored Atheist perspective. Johnson's remarks serve to remind us that there are other views on the subject besides the popular opinions concerning accommodation and access to school facilities.

Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden

William & Mary Bill of Rights Journal

The recent Supreme Court decision in Santa Fe Independent School District v. Doe prohibits prayer at school-sponsored events. In this Article the author analyzes the development of Supreme Court jurisprudence in the area of religion in public schools. Noting the tension between the Establishment and Free Speech Clauses, the author proposes the use of disclaimers to allow student expression at school events to avoid violating the Establishment Clause.

Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen

William & Mary Bill of Rights Journal

In this Essay, Steven Fitschen, President of the National Legal Foundation, argues against the Supreme Court's ruling in Santa Fe Independent School District v. Doe, and calls for a new strategy in litigating similar cases. Fitschen proposes a "thirty-year plan" because he believes that the current Court composition, which he sees as driven by personal predilections rather than by precedent, was partly responsible for the outcome of Santa Fe. Fitschen argues that the current Court has largely ignored Establishment Clause precedent, and that any new, effective strategy will be slowly implemented The thirty-year plan calls for less perfunctory reliance on …

No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Freedom Of Speech, Religious Harassment Law, And Religious Accomodation Law, Eugene Volokh

Loyola University Chicago Law Journal

No abstract provided.

A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin

Mission and Ministry Publications

No abstract provided.