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Articles 3211 - 3240 of 4104
Full-Text Articles in Religion Law
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Faculty Scholarship
Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect differences in national understandings of sharing, property, and even personhood. As …
Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt
Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt
Faculty Scholarship
In this paper, I concentrate on the narrower, more typical topic of judicial interpretation. At least in regard to the religion clauses, this may be warranted because any progressive constitution would probably include something similar to the Free Exercise and Establishment Clauses, and these would be judicially enforceable to some degree.
The first part of this essay explores relations between progressive values and interpretive approaches. When I asked myself how a judge, committed to progressive values, would interpret the Federal Constitution, I was troubled by whether a progressive approach would be activist or restrained in relation to legislative authority. I …
Abp. Michael J. Sheehan's Notes On Fr. Robert Malloy, Hall & Monagle, Llc
Abp. Michael J. Sheehan's Notes On Fr. Robert Malloy, Hall & Monagle, Llc
Records related to Fr. Robert Malloy
No abstract provided.
Why Basic Liberties Are Bilateral, James W. Nickel
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
Faculty Publications
This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters "respecting an establishment of religion." Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.
A Broken Promise: The Continued Use Of Virginity Control Examinations In Turkey, D. Christopher Decker
A Broken Promise: The Continued Use Of Virginity Control Examinations In Turkey, D. Christopher Decker
Buffalo Human Rights Law Review
No abstract provided.
A Response To Professor Rubenfeld, Jonathan D. Hacker
A Response To Professor Rubenfeld, Jonathan D. Hacker
Michigan Law Review
Professor Jed Rubenfeld has offered in these pages an ingenious explanation for why the Supreme Court was right to strike down the Religious Freedom Restoration Act (RFRA) in City of Boerne v. Flores. Rubenfeld finds in the First Amendment's Establishment Clause a historical and inherent principle he calls "antidisestablishmentarianism": a prohibition on acts of Congress that "disestablish" religion in the several states. Rubenfeld reads the Establishment Clause as proscribing not only congressional acts that "establish" religion but also all congressional acts that "dictate a position on religion for states," including laws designed to ensure that states abide by the requirements …
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Michigan Law Review
To get right to the point: Mr. Hacker does not disagree that the Establishment Clause would, in the absence of the Fourteenth Amendment, have prohibited Congress from passing a nationwide religion law like RFRA. He believes, however, that the Fourteenth Amendment has in part repealed the First. Of course, he doesn't want to say repealed. The language of repeal is not pleasant to the ears of those who would like to forget about First Amendment antidisestablishmentarianism. The Fourteenth Amendment did not "repeal any aspect of the text of the [Establishment] Clause," Hacker says, but only "change[d] profoundly the meaning of …
Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson
Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson
BYU Law Review
No abstract provided.
Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret
Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret
Michigan Law Review
In 1988, Jeffrey Kendall and Barbara Zeitler Kendall were married. Though Jeffrey was Catholic at the time and Barbara was Jewish, the couple agreed to raise their children in Barbara's faith. In 1991, Jeffrey joined Boston Church of Christ, a fundamentalist Christian church. The tenets of that faith include a belief that those who do not accept Jesus Christ are damned to Hell, where there will be "weeping and gnashing of teeth." Barbara's faith also underwent a change during the marriage: she became an Orthodox Jew. Citing irreconcilable differences, the Kendalls sought a divorce in November, 1994. Before their marriage …
Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird
Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird
BYU Law Review
No abstract provided.
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
BYU Law Review
No abstract provided.
The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa
The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa
BYU Law Review
No abstract provided.
The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes
The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes
BYU Law Review
No abstract provided.
Relations With Religious Minorities: The Spanish Model, Alberto De La Hera
Relations With Religious Minorities: The Spanish Model, Alberto De La Hera
BYU Law Review
No abstract provided.
The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr.
The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr.
BYU Law Review
No abstract provided.
External Monitoring Of Domestic Religious Liberties, Michael Young
External Monitoring Of Domestic Religious Liberties, Michael Young
BYU Law Review
No abstract provided.
Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas
Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas
BYU Law Review
No abstract provided.
Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner
Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner
BYU Law Review
No abstract provided.
Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite
Religious Human Rights In Global Perspective: Legal Perspectives, Jason M. Waite
BYU Law Review
No abstract provided.
Christianity And Islam: Lessons From Africa, J. Paul Martin
Christianity And Islam: Lessons From Africa, J. Paul Martin
BYU Law Review
No abstract provided.
Religion-Centered Free Exercise: A Tribute To Justice Brennan, Georgetown University Law Center
Religion-Centered Free Exercise: A Tribute To Justice Brennan, Georgetown University Law Center
Philip A. Hart Memorial Lecture
On April 22, 1998, Professor of Law, Stephen L. Carter of Yale Law School, delivered the Georgetown Law Center’s eighteenth Annual Philip A. Hart Memorial Lecture: "Religion-Centered Free Exercise: A Tribute to Justice Brennan."
Stephen L. Carter is the William Nelson Cromwell Professor of Law at Yale, where he has taught since 1982. Among his courses are law and religion, the ethics of war, contracts, evidence, and professional responsibility. His most recent book is The Violence of Peace: America’s Wars in the Age of Obama (2011). Among his other books on law and politics are God’s Name in Vain: The …
Religious Freedom And Zoning, Helen M. Maher
Religious Freedom And Zoning, Helen M. Maher
Buffalo Environmental Law Journal
No abstract provided.
Requiem For Rfra: A Philosophical And Political Response, J. Thomas Sullivan
Requiem For Rfra: A Philosophical And Political Response, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
The Constitutional Future Of Religious Freedom Legislation, Thomas C. Berg
The Constitutional Future Of Religious Freedom Legislation, Thomas C. Berg
University of Arkansas at Little Rock Law Review
No abstract provided.
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
University of Arkansas at Little Rock Law Review
No abstract provided.
Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett
Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—First Amendment And Establishment Clause—The Wall Of Separation Crumbles. Agostini V. Felton, 117 S. Ct. 1997 (1997)., Missy Mcjunkins
Constitutional Law—First Amendment And Establishment Clause—The Wall Of Separation Crumbles. Agostini V. Felton, 117 S. Ct. 1997 (1997)., Missy Mcjunkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle
University of Arkansas at Little Rock Law Review
No abstract provided.
The Death And Resurrection Of Rfra: Integrating Lopez And Boerne, John M.A. Dipippa
The Death And Resurrection Of Rfra: Integrating Lopez And Boerne, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.