Religion Law Commons^™

Kendrick V. Bowen: "Primary Effect" Analysis And The Adolescent Family Life Act, Gregory M. Hess

BYU Law Review

No abstract provided.

Permitting Religious Employers To Discriminate On The Basis Of Religion: Application To For-Profit Activities, Scott Klundt

BYU Law Review

No abstract provided.

The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr

Penn State International Law Review (1982 - 2011)

Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.

Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen

UIC Law Review

No abstract provided.

Pedophilia: The Legal Predicament Of Clergy, Raymond C. O'Brien

Scholarly Articles

This Article identifies the present posture of child abuse and admits that the incidence of child sexual abuse among members of the clergy is documental. Indeed, incidents of child abuse seem to be more common each day throughout all segments of the population. This has affected public trust and the public has responded by revoking such traditional clerical prerogatives as the priest-penitent privilege, developing a theory of abuse in gestation, and demanding better treatment for offenders through therapy.

The precise scope of this Article is to offer recommendations concerning the legal, medical and social predicament of pedophilia regarding issues that …

Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell

UIC Law Review

No abstract provided.

1987 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Court has granted review during the 1987-88 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim

UIC Law Review

No abstract provided.

"Public Education In Shreds": Religious Challenges To Curricular Decisions, Kiply S. Shore

Indiana Law Journal

No abstract provided.

Catholic Labor Theory And The Transformation Of Work, David L. Gregory

Washington and Lee Law Review

No abstract provided.

Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Why would anyone not studying religion be interested in Jewish law? It will be surprising for some to learn that some twenty to twenty-five law schools now offer courses in Jewish law. The literature in English is growing year after year. And the area is becoming one of serious study for scholars of law as distinguished from scholars of religion. Jewish law as taught in secular law schools is not that of religious ritual. It is the law of contracts, torts, damages, property, secured transactions, civil and criminal procedure, legal ethics, and consumer protection. In other words, it spans the …

The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner

Scholarly Articles

In the next several years, the new reproductive technologies will, for better or worse, affect the civil law governing society's most basic relationships and the rights and duties that accompany them. As lawmakers deliberate over the social choices required by technological developments in human reproduction, the soundness of their decisions will depend on their understanding of the good that is at risk, and on their commitment to the law's role in defending it. In view of the fundamental nature of the societal relationships implicated, who will deny that much currently depends on the quality of lawmakers' decisions?

This article draws …

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Faculty Publications

No abstract provided.

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

Publications

No abstract provided.

Symbols, Perceptions, And Doctrinal Illusions: Establishment Neutrality And The "No Endorsement" Test, Steven D. Smith

Michigan Law Review

Section I of this article briefly describes the emergence and development of the "no endorsement" test. Section II then seeks to show that the test is deficient as doctrine, and thus incapable of providing the clarity and coherence that current doctrine so sorely lacks. Section III considers various likely theoretical justifications for the "no endorsement" proposal, including the justification advanced by Justice O'Connor, and concludes that these justifications, like the test itself, are seriously flawed. This conclusion provokes a question: If the "no endorsement" test is doctrinally deficient and without theoretical justification, why has it elicited such widespread enthusiasm? Section …

Religion As Science/Science As Religion: Constitutional Law And The Fundamentalist Challenge, Elizabeth B. Mensch, Alan David Freeman

Other Scholarship

No abstract provided.

Letter From Fr. Meldon Hickey Re: Fr. Dennis Fountain, Hall & Monagle, Llc

Records related to Br. Dennis Huff

No abstract provided.

Book Review Of Religion, Law, And The Growth Of Constitutional Thought, 1150-1650, Charles Donahue Jr.

Journal of Legal Education

No abstract provided.

Letter From Terrence P. Brennan To Pope John Paul Ii, Hall & Monagle, Llc

Records related to Fr. Terrence P. Brennan

No abstract provided.

What Is “An Establishment Of Religion?", William W. Van Alstyne

Faculty Publications

No abstract provided.

Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes

Indiana Law Journal

No abstract provided.

Chapter 3 - Religion, Rights And Difference In The Early Woman's Rights Movement (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

The meeting of feminists at Seneca Falls in July of 1848 marked the nominal beginning of the movement which in the nineteenth century was labeled "woman's rights." For us that term has become commonly interchangeable with "suffrage," and we often assume that "woman's rights" describes a seventy-odd year campaign to gain civil and political power and protection from a government which -- although it had perpetrated outrages against women and blacks -- had an unquestioned legitimacy as the guarantor and enforcer of rights.

Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry

UIC Law Review

No abstract provided.

Reflections On The Symposium: An Ordered Inquiry Into The Relation Of Civil Rights Law And Religion, William J. Wagner

Scholarly Articles

No abstract provided.

Baumgartner V. First Church Of Christ, Scientist: Religious Healers' Exemption From Liability, Rebecca Carlins

Loyola University Chicago Law Journal

No abstract provided.

The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

Biblical Atonement And Modern Criminal Law, Jerome Hall

Articles by Maurer Faculty

In Western civilization, a rationally ordered universe and human rationality are the central tenets of theology and moral philosophy. Conceptions, values, and principles implied by these premises have become entrenched in social and legal institutions. Concluding that religious teachings, even those of antiquity, are consistent with modern legal principles is reasonable, and almost common sense. An inquiry into whether this relationship is to any extent causal is fascinating. Professor Jerome Hall, the first President of AMINTAPHIL, discusses the relationship between the Christian doctrine of atonement and principles of modern criminal law.

Church-State Relations And Religious Convictions, R. Kent Greenawalt

Cleveland State Law Review

My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of church-state issues. Though I shall comment in passing on various constitutional issues, the main thrust of my comments also lies within the domain of political philosophy. I agree that the promotion of religious views and practices is not the business of the state in our society. Nevertheless, I strongly resist the idea that either this premise or any other premise underlying our liberal democracy requires good liberal citizens to …

The Integration Of Spiritual And Temporal, Leslie C. Griffin

Scholarly Works

No abstract provided.