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Articles 4051 - 4080 of 4104
Full-Text Articles in Religion Law
Naturalization-Statutory Construction, George Brody S.Ed.
Naturalization-Statutory Construction, George Brody S.Ed.
Michigan Law Review
Appellee, a native of Canada, filed his petition for naturalization. In his application he stated that he understood the principles of the government of the United States and was willing to take the prescribed oath of allegiance to this country. To the question in the application "If necessary are you willing to take up arms in defense of this country?" he replied, "No, (non-combatant) Seventh Day Adventist." He explained this answer before the examiner by saying, "It is a purely religious matter with me, I have no political or personal reasons. other than that." The district court admitted him to …
The Scope Of Constitutional Guaranties Of Religious Freedom
The Scope Of Constitutional Guaranties Of Religious Freedom
Washington and Lee Law Review
No abstract provided.
Selective Service Act-Proper Procedure For Challenging Validity Of Draft Classification, Thomas L. Dalrymple
Selective Service Act-Proper Procedure For Challenging Validity Of Draft Classification, Thomas L. Dalrymple
Michigan Law Review
Appellant, a Jehovah's Witness, claimed exemption from service under the Selective Training and Service Act of 1940, relying upon that section which exempts from service "Regularly or duly ordained ministers of religion .... " Appellant's local board ruled against his claim and classified him as available for military service (Class I-A). He took his case to the appeal board, where the local board's classification was affirmed. State and National Directors of Selective Service having refused to appeal to the President for him, appellant's local board ordered him to report for induction. He reported at the proper time and place, was …
Constitutional Law-Freedom Of Speech And Religion-What Constitutes State Action, George Brody S.Ed.
Constitutional Law-Freedom Of Speech And Religion-What Constitutes State Action, George Brody S.Ed.
Michigan Law Review
Appellant, a Jehovah Witness, attempted to distribute religious literature in Chickasaw, a town in Alabama, owned by the Gulf Shipbuilding Corporation. Appellant was told by the corporate authorities that the town was private property and that she would not be permitted to distribute her literature. She was also asked to leave and when she refused to do so was arrested and prosecuted under an Alabama trespass statute. In her defense, appellant contended that to apply this statute to her activities in Chickasaw would abridge her right to freedom of press and religion as guaranteed by the Fourteenth Amendment. She was …
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review
Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review
Michigan Law Review
The state of West Virginia enacted an amendment to its statutes in 1941 requiring all schools to conduct courses in history and civics for the purpose of fostering "the ideals, principles and spirit of Americanism," and pursuant thereto the Board of Education adopted a resolution ordering that the flag salute and declaration of allegiance should be a regular part of the program of activities in the public schools. Expulsion from school was provided for nonconformity- and until compliance the child was considered unlawfully absent from school and the parents were liable to fine and imprisonment for causing child delinquency. Appellees …
Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review
Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review
Michigan Law Review
Petitioners were members of the religious sect "Jehovah's Witnesses," who "sold" and/ or donated religious tracts and literature, and in connection therewith used phonographs and records, in their door to door activities to spread their religious beliefs. They failed to obtain a license for the privilege of canvassing and soliciting, as required of all persons by an ordinance of the city of Jeannette, Pennsylvania, and were convicted and fined for violation thereof. Petitions for leave to appeal to the Supreme Court of Pennsylvania were denied; the case came before the United States Supreme Court on petition for writ of certiorari. …
Another Jehovah's Witness Case
Another Jehovah's Witness Case
Indiana Law Journal
Notes and Comments: Constitutional Law
Religious Persecutions Under Guise Of Law
Religious Persecutions Under Guise Of Law
Indiana Law Journal
Notes and Comments: Civil Liberties
Aliens - Naturalization - Refusal To Bear Arms, David N. Mills
Aliens - Naturalization - Refusal To Bear Arms, David N. Mills
Michigan Law Review
In applying for citizenship, petitioner, a licensed missionary in the denomination of Seventh Day Adventists, was unwilling to promise to bear arms, on the ground that she was a noncombatant. Petitioner was not a pacifist or conscientious objector and would gladly do any war work in an army camp except that involving the use of a weapon. Held, that application for naturalization must be denied for failure to take the oath of allegiance in the form prescribed by law. The court expressed its desire to grant citizenship, but declared itself bound by stare decisis. In re Losey, (D. …
Religion And American Law, Clarence Emmett Manion
Religion And American Law, Clarence Emmett Manion
Journal Articles
This article discusses the relationship of law and religion in American culture. It constructs a theory of "American Faith", a theory that underlies all of American jurisprudence. This theory includes the propositions that there is a God, that all men are equal in God's sight even if not in front of mortal men, and that the American Revolution was a "revolution of believers." It concludes that religious liberty is our one and only true freedom and by holding onto it we can support human rights and freedom.
Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review
Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review
Michigan Law Review
In 1839 property was granted to the "Trustees of the Church of Christ of Little Grove and their successors in office . . . unto the only proper use and behoof of the Church of Christ at Little Grove during a succession of trustees." A dispute arose within the congregation, causing a schism, and both the plaintiffs and the defendants claimed that they were the successors to the original trustees and that they had carried on the tenets and doctrines of the Church of Christ. The evidence showed that the defendants had been elected trustees at an open meeting presided …
Constitutional Law - Due Process - Freedom Of Religion And Conscience - Compulsory Flag Salute, William F. Andersen
Constitutional Law - Due Process - Freedom Of Religion And Conscience - Compulsory Flag Salute, William F. Andersen
Michigan Law Review
The minor plaintiffs, aged twelve and thirteen, had been excluded from the public school because of repeated refusal to salute the national flag and recite the pledge of allegiance in accordance with an authorized order of the school board. They sought an injunction in the federal district court against such prohibition, alleging that the order violated the Fourteenth Amendment as an infringement on the free exercise of religion in that their beliefs forbade the revering of anything but God. The injunction was granted and the decree was affirmed by the circuit court of appeals. A writ of certiorari was granted …
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook
Michigan Law Review
A New York statute provided for the public transportation of school children to public and private schools. Plaintiff instituted a taxpayer's action to enjoin defendant board of education from furnishing transportation, in compliance with the statute, to children attending a parochial school. Plaintiff contended the statute was unconstitutional by reason of a provision of the New York constitution which forbade public aid or maintenance of denominational schools. Held, that the statute was valid, and plaintiff's prayer was denied. Judd v. Board of Education, 164 Misc. 889, 300 N. Y. S. 1037 (1937), affd. (App. Div. 1938) 3 N. …
Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook
Michigan Law Review
A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father's commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did …
Constitutional Law-Religion In The Public School
Constitutional Law-Religion In The Public School
Michigan Law Review
Plaintiff sued as a taxpayer to enjoin defendant from permitting the use of school buildings by organizations of pupils based on religious affiliations and from directing the reading of excerpts from the Bible in the public schools. Plaintiff contended that in so far as the Greater New York Charter impliedly authorized the use of the Bible for such purposes, it was unconstitutional. Held, the action of the school board was proper, and injunction denied. Lewis v. Board of Education of City of New York, (N. Y. Sup. Ct. 1935) 285 N. Y. S. 164.
God In The Constitution, Robert T. Donley
God In The Constitution, Robert T. Donley
West Virginia Law Review
No abstract provided.
Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant
Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant
Michigan Law Review
In two recent cases, the Supreme Court has held that citizenship must be denied an applicant who is unwilling to promise unreservedly to bear arms in defense of the United States. One applicant, Douglas Clyde Macintosh, a Professor of Divinity in Yale University, who served for four years in France during the World War, stated that due to religious convictions he was unable to promise beforehand to fight unless, in his own opinion, the war was morally justifiable and in the best interests of humanity. The other, Marie Averil Bland, a minister's daughter who served as a nurse in the …
Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara
Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara
Journal Articles
The case of In re Matter of Copps Chapel Methodist Episcopal Church appears to establish that there is no longer any such thing as a determinable interest in land in Ohio. There would seem to be no escape from this unless the court should be prepared to overrule itself.
Trusts--Charitable Trusts Of A Religious Nature In West Virginia, William Thomas O'Farrell
Trusts--Charitable Trusts Of A Religious Nature In West Virginia, William Thomas O'Farrell
West Virginia Law Review
No abstract provided.
The Corporation Sole
Michigan Law Review
In the recent case of Reid v. Barry, the Florida court stirred among the bones of common law relics to invoke the aid of the corporation sole doctrine, coming to the conclusion that the Roman Catholic Bishop of St. Augustine was a sole corporation, capable of holding property by succession. The ancient learning on this anomalous but useful corporate entity is to be found in Blackstone, Coke, and Grant ; the few reported cases that have appeared since the days of these commentators have in general confirmed what they said. Maitland in delving into its history said; "An ecclesiastical …
Benefit Of Clergy--A Legal Anomaly, Newman F. Baker
Benefit Of Clergy--A Legal Anomaly, Newman F. Baker
Kentucky Law Journal
No abstract provided.
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Michigan Law Review
The Royal Historical Society (of London) has published much material of great interest to lawyers-an humble Fellow, I think none is more interesting than that published in 1906: "State Trials of the Reign of Edward the First, 1289-1293".
A Monograph On Religious Freedom, Benjamin G. Reeder
A Monograph On Religious Freedom, Benjamin G. Reeder
West Virginia Law Review
No abstract provided.
Right To Determine The Place Of Burial Of A Corpse
Right To Determine The Place Of Burial Of A Corpse
Michigan Law Review
A dead body is not property, but a sort of quasi-property, so in a strict legal sense there are no property rights in a corpse. This is especially true after burial, as many courts make a distinction between rights existing prior to burial, and those after burial. Nevertheless, relatives have certain rights against others for mutilation, removal, etc. of a corpse, whether based on property or not. Cases where damages are recovered for mutilation before burial are common, and in England v. Central Pocahontas Coal Co. 86 W. Va. 575, the plaintiff was allowed an action of trespass against …
Property Rights In Church Pews
Property Rights In Church Pews
Michigan Law Review
A recent Pennsylvania decision, Zernosky v. Kluchinsky (Pa. 1923) 122 Atl. 262, lays down the rule that where the trustees of a church rent a pew to a parishioner without the consent of the priest in charge, when such consent is required by the ecclesiastical law, the transaction is of no effect and the ecclesiastical law will be followed by the court. This is the general rule as applied to conditions attached to the renting of pews, Atty. Gen. v. Meetinghouse, 3 Gray (Mass.) 1; French v. The Old South Society, 100 Mass. 479, but the interesting point …
Equity Jurisdiction--Church Factions--Disposition Of Property, C. P. H.
Equity Jurisdiction--Church Factions--Disposition Of Property, C. P. H.
West Virginia Law Review
No abstract provided.
The Legal Status Of The Clergyman, Austin W. Scott
The Legal Status Of The Clergyman, Austin W. Scott
West Virginia Law Review
No abstract provided.
Religious Liberty In The American Law, Carl Zollman
Religious Liberty In The American Law, Carl Zollman
Michigan Law Review
It remains to examine the application of this principle* to particu- 1 lar offenses. Statutes have been passed against blasphemy and offenders have been prosecuted under them. This, as said in a Massachusetts case, has not been done "to prevent or restrain the formation of any opinions or the profession of any religious sentiments whatever but to restrain and punish acts which have a tendency to disturb the public peace.185 To prohibit the open, public, and explicit denial of the-popular religion of a country is a necessary measure to preserve the tranquility of a government. Of this no person in …