Religion Law Commons^™

Title Vii And Religious Liberty, Kent Greenawalt

Faculty Scholarship

Title VII of the 1964 Civil Rights Act, which forbids religious discrimination in employment, raises in microcosm some extremely thorny questions about religious liberty; questions more familiar to most of us in constitutional settings. In focusing on these questions in their Title VII context, I am more interested in fundamental conceptual issues than in the precise details of what that law should be taken to provide.

Among the questions are: What is discrimination because of religion? How should religion be "defined"? How far should employers accommodate the religious exercise of workers? Under the First Amendment, how much accommodation can the …

Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price

Research Collection Yong Pung How School Of Law

Howard Hunter and Polly Price examine the components of the US legal system that affect proselytism, focusing on the contradictions between the constitutional protection of religious freedom and legal constraints on proselytism. Hunter and Price comprehensively review the regulation of proselytism in both public and private spaces in the United States, analyze the justifications for these regulations, and suggest probable future issues of debate regarding religious freedom. Additionally, Hunter and Price argue that the regulation of proselytism has led to a failure to protect religious minorities, and in some cases contributed to their persecution.

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Journal Articles

Thank you very much for this timely and important discussion on school choice, religious faith, and the public good.

First things first—Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court. And I am afraid that Mr. Green is also correct when he observes that the question whether the First Amendment permits States to experiment with meaningful choice-based education reform will likely turn on Justice O'Connor's fine-tuned aesthetic reactions to the minutiae of Ohio's school-choice experiment.

Putting aside for now the particulars of the Cleveland case, though, I would like to propose for your consideration a …

Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett

Journal Articles

Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child's religious …

The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen

Indiana Journal of Global Legal Studies

No abstract provided.

Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith

BYU Law Review

No abstract provided.

Zoned For Residential Uses"-Like Prayer? Home Worship And Municipal Opposition In Leblanc-Sternberg V. Fletcher, John M. Smith

BYU Law Review

No abstract provided.

The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii

BYU Law Review

No abstract provided.

Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann

BYU Law Review

No abstract provided.

A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn

BYU Law Review

No abstract provided.

The Development Of Religious Liberty In Chile, 1973-2000, Patrick J. Thurston

BYU Law Review

No abstract provided.

Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie

BYU Law Review

No abstract provided.

Uzbekistan: Islam, Communism, And Religious Liberty--An Appraisal Of Uzbekistan's 1998 Law "On Freedom Of Conscience And Religious Organizations", Grant Garrard Beckwith

BYU Law Review

No abstract provided.

The Nature And Minimum Standards Of Freedom Of Religion Or Belief, Natan Lerner

BYU Law Review

No abstract provided.

Church And State In Western Europe And The United States: Principles And Perspectives, Sophie C. Van Bijsterveld

BYU Law Review

No abstract provided.

Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla

Faculty Scholarship

This Essay addresses how religion simultaneously subordinates Latinas while serving as a source of strength. More specifically, it focuses on Catholicism and how the same church and religion have a fragmented and varied impact on Latinas, particularly Mexican-Americans, with whom I am most familiar.

Chandler V. James: Welcoming Student Prayer Back In The Schoolhouse Gate, Sarah Beth Mabery

Mercer Law Review

In Chandler v. James, the Eleventh Circuit Court of Appeals vacated the district court's order permanently enjoining enforcement of an Alabama statute that permitted student-initiated religious speech in public schools. The court of appeals concluded that permitting student initiated religious speech did not violate the Establishment Clause and such speech is protected by the Free Exercise and Free Speech Clauses of the First Amendment.

Differentiating The Free Exercise And Establishment Clauses, Carl H. Esbeck

Faculty Publications

The purpose of the Establishment Clause is not to safeguard individual religious rights. That is the role of the Free Exercise Clause, indeed its singular role. The purpose of the Establishment Clause, rather, is as a structural restraint on governmental power. Because of its structural character, the task of the Establishment Clause is to limit government from legislating or otherwise acting on any matter "respecting an establishment of religion." The powers that fall within the scope of the foregoing clause (denied to government, hence within the sole province of religion) and the powers outside this clause (hence, authority vested in …

Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson

All Faculty Scholarship

On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for Lipstadt …

The Search For A Distinct Religious-Liberty Jurisprudence Under The Washington State Constitution, Katie Hosford

Washington Law Review

Article I, Section 11, of the Washington Constitution, titled "Religious Freedom," provides more protection for free exercise of religion and the separation of church and state than the First Amendment to the U.S. Constitution. Because the state constitution provides broader protection for each right, a natural tension arises between the two rights. However, rather than relying on the text of the state constitution, the Supreme Court of Washington has imposed an entirely federal analysis on free exercise cases brought under Washington law. In addition, the establishment cases under Article I, Section 11, have inconsistently interpreted the language of the state …

Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman

Cornell Law Faculty Publications

No abstract provided.

Assessing Agostini V. Felton In Light Of Lemon V. Kurtzman: The Coming Of Age In The Debate Between Religious Affiliated Schools And State Aid, R. Craig Wood, Michael C. Petko

Brigham Young University Education and Law Journal

No abstract provided.

Direct Payments Of State Scholarship Funds To Church-Related Colleges Offend The Constitution And Title Vi, Roy Whitehead Jr., Walter Block

Brigham Young University Journal of Public Law

No abstract provided.

The Supreme Court's Missed Opportunity: The Constitutionality Of Student-Led Graduation Prayer In Light Of The Crumbling Wall Between Church And State, Nancy E. Drane

Loyola University Chicago Law Journal

No abstract provided.

The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan

Loyola University Chicago Law Journal

No abstract provided.

Religion In The Workplace: Proceedings Of The 2000 Annual Meeting Of The Association Of American Law Schools Section On Law And Religion, William P. Marshall, Roberto L. Corrada, Michael W. Mcconnell, Joanne C. Brant, Robert W. Tuttle, Ira C. Lupu

Sturm College of Law: Faculty Scholarship

The religion clauses of the Constitution do not have to stand against one another. Viewed broadly they both encourage tolerance of religious practice and belief, the Establishment Clause by not allowing one religion to occupy a place above all others and the Free Exercise Clause by allowing all religions to flourish. The Workplace Religious Freedom Act does no violence to either clause in attempting to restore religion to its place among other important concerns of government

Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine

Scholarly Works

In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …

Boerne And Buddhism: Reconsidering Religious Freedom And Religious Pluralism After Boerne V. Flores, 33 J. Marshall L. Rev. 689 (2000), Eric Pruitt

UIC Law Review

No abstract provided.

Taklid Kepada Mazhab Syafie Dalam Amalan Berkaitan Zakat Padi Menurut Undang-Undang Zakat Negeri Kedah, Mahyuddin Abu Bakar

Student Works (2000-2009)

The practice of " taklid " to mazhab Syafie in doing everyday religious activities has become a fonnality. not to mention as one of culture to the followers of Islam in this country. This phenomenon is a continuation from the influence of this mazhab which has been around since the existence of (slam in Malaysia. Hence. this research is done with the thought of looking at the true reality of taklid is accepted by Islam, especially in issue which are closely knitted with the religious issues, in addition to investigate its development among the Muslims, especially the Malays. Pertaining to …

Hukum Islam : Antara Prinsip Syariah Dan Perbendaharaan Fiqh, Mohd. Saiba Yaacob

Student Works (2000-2009)

Title: Islamic Ruling: Between Principles of Shariah and Clasical Works of Fiqh. This dissertation begins with an assumption that Shariah has certain principles in deriving such a ruling (hukm) and formation of methods of ijtihad by fuqaha in explaining in details of positive laws had been done based on general principles mentioned in the Quran and Sunnah. The dissertation attempts to identify and elaborate in further details several matters. They are i) the general principles of Shariah ii) metodology of Shari ah in applying ruling during the Propet 's period iii) the purpose of Shariah (maqasid al­shafl'ah) and iv) their …