Religion And Race: The Ministerial Exception Reexamined,
2011
Northwestern Pritzker School of Law
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
NULR Online
No abstract provided.
Religious Freedom, Church–State Separation, And The Ministerial Exception,
2011
Northwestern Pritzker School of Law
Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett
NULR Online
No abstract provided.
Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage,
2011
Brigham Young University Law School
Moral Mandate Or Personal Preference? Possible Avenues For Accommodation Of Civil Servants Morally Opposed To Facilitating Same-Sex Marriage, Matthew Chandler
BYU Law Review
No abstract provided.
Church And State: An Economic Analysis,
2011
Boston University School of Law
Church And State: An Economic Analysis, Keith N. Hylton, Yulia Rodionova, Fei Deng
Faculty Scholarship
What purpose is served by a government's protection of religious liberty? Many have been suggested, the most prominent of which center on the protection of freedom of belief and expression. However, since every regulation potentially interferes with religious freedom, it is useful to consider more concrete purposes that could suggest limits on the degree to which religious liberty should be protected. This paper focuses on the concrete economic consequences of state regulation of religion. We examine the effects of state regulation on corruption, economic growth, and inequality. The results suggest that laws and practices burdening religion enhance corruption. Laws burdening …
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation,
2011
University of Missouri School of Law
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Faculty Publications
This article takes up the curious tale as to why the text and drafting record in the House and Senate were ignored by the Court in Everson, as well as what the text and debate can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred.
Rationalizing Religious Exemptions: A Legislative Process Theory Of Statutory Exemptions For Religion,
2011
William & Mary Law School
Rationalizing Religious Exemptions: A Legislative Process Theory Of Statutory Exemptions For Religion, Zoe Robinson
William & Mary Bill of Rights Journal
This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a person’s religious freedom is dependent on their political power. Following the Supreme Court’s 1990 decision of Employment Division v. Smith, the legislature has sole control over the enactment of accommodations and exemptions from laws of general application for religious adherents. This Article argues that post-Smith accounts of religious liberty and pluralism fail to systematically analyze the relationship between religious liberty and legislative exemptions. To this end, the Article proposes a unique public choice model that hypothesizes that legislative accommodations and exemptions may result …
Front Matters - Vol. 11, No. 1,
2011
University of Connecticut School of Law
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
Nonbelievers,
2011
Cornell Law School
Nonbelievers, Nelson Tebbe
Cornell Law Faculty Publications
How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law,
2011
Washington and Lee University School of Law
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Religious Freedom And Its Legal Restrictions In China,
2011
Brigham Young University Law School
Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping
BYU Law Review
No abstract provided.
The Tension Within The Religion Clause Of The First Amendment,
2011
Brigham Young University Law School
The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith
BYU Law Review
No abstract provided.
Religion In Contemporary Legal Systems,
2011
Brigham Young University Law School
Religion In Contemporary Legal Systems, Tahir Mahmood
BYU Law Review
No abstract provided.
The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms,
2011
Brigham Young University Law School
The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe
BYU Law Review
No abstract provided.
Secularity And Secularism In The United Kingdom: On The Way To The First Amendment,
2011
Brigham Young University Law School
Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson
BYU Law Review
No abstract provided.
Religion And Neutrality: Myth, Principle, And Meaning ,
2011
Brigham Young University Law School
Religion And Neutrality: Myth, Principle, And Meaning , Rafael Palomino
BYU Law Review
No abstract provided.
Law And Religion In Colombia: Legal Recognition Of Religious Entities,
2011
Brigham Young University Law School
Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto
BYU Law Review
No abstract provided.
Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech,
2011
Brigham Young University Law School
Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman
BYU Law Review
No abstract provided.
Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China,
2011
Brigham Young University Law School
Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui
BYU Law Review
No abstract provided.
Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact,
2011
Faculty of Law Universitas Indonesia
Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact, Zia Akhtar
Indonesia Law Review
This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for …
No More 'Sha Still',
2011
University of Baltimore School of Law
No More 'Sha Still', Kenneth Lasson
All Faculty Scholarship
This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.
