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Articles 3811 - 3840 of 4104
Full-Text Articles in Religion Law
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Michigan Law Review
This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
BYU Law Review
No abstract provided.
United States V. Lee, Lewis F. Powell, Jr.
United States V. Lee, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham
A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham
BYU Law Review
No abstract provided.
Personnel File Of Fr. Clive Lynn Pt. 2, Hall & Monagle, Llc
Personnel File Of Fr. Clive Lynn Pt. 2, Hall & Monagle, Llc
Records related to Fr. Clive Lynn
No abstract provided.
A Sect Apart: A History Of The Legal Troubles Of The Shakers, Ralph Michael Stein
A Sect Apart: A History Of The Legal Troubles Of The Shakers, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This article explores the Shaker experience in nineteenth century America, particularly their relationship to legislative bodies and courts and analyzes the reasons underlying the persistent, selective, official persecution of this group.
State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck
State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck
Faculty Publications
Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …
Freedom And Equality In The Religion Clauses, John H. Garvey
Freedom And Equality In The Religion Clauses, John H. Garvey
Scholarly Articles
The Supreme Court has been extremely puzzled about how to treat the distribution of public benefits when the pattern of distribution may cause individuals to alter their preferences in making constitutionally protected choices. When dealing with the freedom to choose an abortion, for example, the Court held that the Hyde Amendment was constitutional because the government did not interfere with freedom when all it did was offer money to make the option it preferred (childbirth) more attractive. In free speech cases, the Court has said that when the government opens up public property or offers financial incentives to speakers it …
People V. Onofre: Can The State Peek Into Your Bedroom?, Matthew Thomas Robinson
People V. Onofre: Can The State Peek Into Your Bedroom?, Matthew Thomas Robinson
In the Public Interest
No abstract provided.
The Spanish Experience In Church-State Relations: A Comparative Study Of The Interrelationship Between Church-State Identification And Religious Liberty, George R. Ryskamp
The Spanish Experience In Church-State Relations: A Comparative Study Of The Interrelationship Between Church-State Identification And Religious Liberty, George R. Ryskamp
BYU Law Review
No abstract provided.
Free Exercise And The Attorney/Priest: The Clerical Collar In The Courtroom, Jeffrey Glassman
Free Exercise And The Attorney/Priest: The Clerical Collar In The Courtroom, Jeffrey Glassman
Fordham Urban Law Journal
One of the more difficult free exercise of religion problems to come to the courts is the conflict that arises when an attorney who is also a ordained Roman Catholic priest claims the right to appear before a criminal jury while wearing his clerical collar. The New York Court of Appeals forbade a priest from wearing his collar, while the New York Supreme Court granted an application by an attorney/priest to wear his collar. This decision was subsequently overruled by the appellate division. This Article examines arguments in favor of allowing a priest to wear his collar. It examines the …
Holistic Medicine And Freedom Of Religion, F. Stephen Knippenberg
Holistic Medicine And Freedom Of Religion, F. Stephen Knippenberg
Faculty Articles
No abstract provided.
Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr.
Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr.
Kentucky Law Journal
No abstract provided.
The Entanglement Test Of The Religion Clauses -- A Ten Year Assessment, Kenneth F. Ripple
The Entanglement Test Of The Religion Clauses -- A Ten Year Assessment, Kenneth F. Ripple
Journal Articles
During its 1979 Term, the Supreme Court of the United States passed the ten-year mark in its employment of the so-called "excessive entanglement" test of the religion clauses. During the past decade this concept has developed from a simple expression of one of the accepted policy considerations underlying interpretation of the religion clauses to an identifiably separate test in establishment clause analysis. In this latter role, the Court has employed the concept to accomplish two distinct, although analytically related, objectives. First, it has sought to identify those legal and administrative relationships between civil and religious authorities which are likely to …
A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano
A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano
BYU Law Review
No abstract provided.
Defining Religious Discrimination In Employment: Has Reasonable Accommodation Survived Hardison?, Randall J. Borkowski
Defining Religious Discrimination In Employment: Has Reasonable Accommodation Survived Hardison?, Randall J. Borkowski
Seattle University Law Review
Because the primary purpose of the Civil Rights Act of 1964 was the elimination of racial discrimination, not surprisingly the Act's legislative history left unclear the congressional intent of also including religion as an illegal ground for employment discrimination under Title VII. After 1964, the Equal Employment Opportunity Commission (EEOC)' and the courts struggled to interpret Title VII's prohibition of religious discrimination. In 1972, Congress amended Title VII to explicitly protect religious conduct, as well as beliefs, provided the employer might "reasonably accommodate" the conduct without "undue hardship" to his business.' In Trans World Airlines, Inc. v. Hardison, however, …
Constitutional Law - Pennsylvania Constitution - Equal Protection - Pennsylvania's Sunday Trading Laws Violate The Equal Protection Provision Of Pennsylvania's Constitution, Stanley A. Smith
Villanova Law Review (1956 - )
No abstract provided.
Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii
Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii
Villanova Law Review (1956 - )
No abstract provided.
Tancred's "Summala De Criminibus": A New Text And A Key To The Ordo Iudiciarius, Richard M. Fraher
Tancred's "Summala De Criminibus": A New Text And A Key To The Ordo Iudiciarius, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
BYU Law Review
No abstract provided.
Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor
Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor
BYU Law Review
No abstract provided.
Government Aid To Church-Related Education : An Alternative Rationale
Government Aid To Church-Related Education : An Alternative Rationale
BYU Law Review
No abstract provided.
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
Villanova Law Review (1956 - )
No abstract provided.
Islamic Law: The Impact Of Joseph Schacht, David F. Forte
Islamic Law: The Impact Of Joseph Schacht, David F. Forte
Law Faculty Articles and Essays
It is here where Schacht's service to Islamic law becomes most salutary. He has made it possible for this great legal tradition to free itself from an unthinking bondage to issues relevant to the second Islamic century, and thus open anew the gate to ijtihad. Mujtahids need no longer fear they are revising divine law when they develop the traditional norms of Islamic law beyond the confines imposed by taqlid. The Sunna of Islam remains the way of the Prophet's devout followers, even though it may not be the way of the Messenger himself. In this fashion, respect for the …
Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington
Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington
Scholarly Articles
No abstract provided.
Religious Property Tax Exemptions In Kentucky, Paul J. Weber, Janet R. Olson
Religious Property Tax Exemptions In Kentucky, Paul J. Weber, Janet R. Olson
Kentucky Law Journal
No abstract provided.
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
Journal Articles
The Christian school movement is the logical outgrowth of the dissatisfaction of some parents, particularly some fundamentalist Baptists, with what they regard as excessive secularism in the public schools. The controversy has already produced some definitive litigation, but much remains unsettled. On the one hand, public authorities contend the public school is truly neutral toward religion. Compulsory attendance laws and other regulations by the state of private education are seen as legitimate measures, pursuant to the police power, to achieve a minimal level of intellectual and civic competence among the young. On the other hand, objecting parents and pastors regard …
Religion, Law And Ethics -- A Call For Dialogue, Jerome Hall
Religion, Law And Ethics -- A Call For Dialogue, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
A Reconsideration Of The Religious Exemption: The Need For Financial Disclosure Of Religious Fund Raising And Solicitation Practices, Bruce J. Rakay, Roger P. Sugarman
A Reconsideration Of The Religious Exemption: The Need For Financial Disclosure Of Religious Fund Raising And Solicitation Practices, Bruce J. Rakay, Roger P. Sugarman
Loyola University Chicago Law Journal
No abstract provided.
Egyptian Land Law: An Evaluation, David F. Forte
Egyptian Land Law: An Evaluation, David F. Forte
Law Faculty Articles and Essays
In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …