Religion Law Commons^™

Religion As A Concept In Constitutional Law, Kent Greenawalt

Faculty Scholarship

Because federal and state constitutions forbid government from infringing upon religious liberty or supporting religion, courts must sometimes decide whether a claim, activity, organization, purpose, or classification is religious. In most cases arising under these religion clauses, the religiousness of an activity or organization will be obvious. However; when the presence of religion is seriously controverted, the threshold question, "defining religion," becomes important. Most courts have prudently eschewed theoretical generalizations in approaching that question. Academic commentators have struggled to startlingly diverse proposals.

This Article suggests that in both free exercise and establishment cases, courts should decide whether something is religious …

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …

State Regulation Of Christian Schools, Neal Devins

Faculty Publications

No abstract provided.

The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review

Michigan Law Review

A Review of The Promise of American Law: A Theological, Humanistic View of Legal Process by Milner S. Ball

The Epitaph Of Johannes Teutonicus, Kenneth Pennington

Scholarly Articles

No abstract provided.

Johannes Teutonicus And Papal Legates, Kenneth Pennington

Scholarly Articles

No abstract provided.

Constitutional Law - First Amendment - State Licensing Regulation Which Delegates Veto Power To A Church Over The Approval Of Liquor Licenses Within A Specified Distance Of Such Church Violates The Establishment Clause, Mark C. Levy

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - A Statute That Permits A Tax Deduction For Public As Well As Nonpublic School Tuition And Related Expenses Does Not Violate The Establishment Clause Of The First Amendment, J. Edward Goff

Villanova Law Review (1956 - )

No abstract provided.

Islamic Law In American Courts, David F. Forte

Law Faculty Articles and Essays

Nonetheless, the common law judge remains constrained by his own system of adjudication. Not only does he apply the law, he also states it. Yet, he becomes hesitant when he is asked to apply an asserted principle of Islamic law unless he is certain that it truly represents the accepted view and is not some imaginative interpretation. Thus, in interpreting Islamic law, the American judge is more reluctant than a qadi would be in choosing between opposing casuistical arguments in the same kind of case. Ironically, the American judge is also far more restrained in a case involving Islamic law …

Biblical Atonement And Modern Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Tax Deductions For Parents Of Children Attending Public And Nonpublic Schools: Mueller V. Allen, George Miller

Kentucky Law Journal

No abstract provided.

A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel

Vanderbilt Journal of Transnational Law

There is no Saudi legal code. Although the literature on the Islamic faith is extensive, the only Saudi laws available in the English language are the corporate, tax, and labor regulations. This Note brings together the applicable principles and laws to provide a broad overview of the Saudi legal system: it discusses the way in which Islamic law has evolved in Saudi Arabia, analyzes the major Saudi corporate regulations, and, as an introductory research tool, directs the practitioner to more detailed resources. This Note also gives practical advice to attorneys representing clients doing business in Saudi Arabia, adding needed dimension …

Personnel File Of Fr. Vincent A. Lipinski Pt. 1, Hall & Monagle, Llc

Records related to Fr. Vincent A. Lipinski

No abstract provided.

Origins On Trial: Evolutionists And Creationists Lock Horns In Little Rock, Steven Kurlander

In the Public Interest

No abstract provided.

Fundamentalist Schools And The Law, Neal Devins

Popular Media

No abstract provided.

Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie

BYU Law Review

No abstract provided.

Review Article Of Law And Religion: The Jewish Experience, Milton R. Konvitz

Journal of Legal Education

No abstract provided.

Legal History And The Law Of Blasphemy, Morris S. Arnold

Michigan Law Review

A Review of Treason Against God: A History of the Offense of Blasphemy by Leonard W. Levy

Letter From Abp. Robert Sanchez To Fr. Ronald L. Bruckner, Hall & Monagle, Llc

Records related to Fr. Johnny Lee Chavez

No abstract provided.

Letter From Fr. Ronald L. Bruckner To Abp. Robert Sanchez, Hall & Monagle, Llc

Records related to Fr. Johnny Lee Chavez

No abstract provided.

Bequests For Masses: Doctrine, History And Legal Status, Nicolas P. Cafardi

Duquesne Law Review

A bequest for Masses is a testamentary gift to a Roman Catholic religious agency, coupled with a request that Masses be celebrated on the decedent's behalf. English courts during the Reformation voided bequests for Masses as illegal and superstitious. Modern courts generally hold them valid as charitable trusts, although poorly drafted bequests can run afoul of state Mortmain, lapse and charitable trust statutes. The author examines the checkered legal history of bequests for Masses and concludes that problems often arise because courts may not understand that a bequest for Masses is not payment for religious services to benefit one person.

The Legal Activities Of The Catholic League, Robert A. Destro

Scholarly Articles

No abstract provided.

Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman

Michigan Journal of International Law

One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …

Teaching The Theories Of Evolution And Scientific Creationism In The Public Schools: The First Amendment Religion Clauses And Permissible Relief, J. Greg Whitehair

University of Michigan Journal of Law Reform

This Note explores the propriety of teaching the theory of evolution and the scientific creation model in public elementary and secondary schools. Part I discusses the powers of the state and its political subdivisions to set public school policy and curriculum content and the extent to which those powers are circumscribed by the religion clauses of the first amendment. Part I concludes that the religion clauses permit the teaching of evolutionary theory in public schools. Part II examines the variety of judicial and legislative relief potentially available to creationists where the teaching of evolution theory interferes with their religious beliefs …

Virginia Laws Affecting Churches - Restated, J. Rodney Johnson

University of Richmond Law Review

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …

American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee

American Indian Law Review

No abstract provided.

Manifest Destiny And American Indian Religious Freedom: Sequoyah, Badoni, And The Drowned Gods, Howard Stambor

American Indian Law Review

No abstract provided.

Religion: The First Amendment And The American Indian Religious Freedom Act Of 1978, Robin K. Rannow

American Indian Law Review

No abstract provided.

Virginia Law Affecting Churches - Restated, J. Rodney Johnson

Law Faculty Publications

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …

Book Review. Legal History And The Law Of Blasphemy, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.