When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria,
2020
Indiana University Maurer School of Law
When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria, Rachael Taylor
Indiana Journal of Global Legal Studies
In the fall of 2018, the European Court of Human Rights (ECtHR) issued a decision upholding the criminal conviction of an Austrian national (E.S.) in violation of Austria's Criminal Code against the disparagement of religious doctrines. Her initial conviction in the Austrian court was based on statements she made about the Prophet Muhammad while teaching a series of seminars entitled "Basic Information on Islam." In upholding her conviction, the ECtHR found that there had been no violation of the Austrian's right to freedom of expression under Article 10 of the European Convention for the Protection of Human Rights (Convention), and …
Secondary Meaning And Religion: An Analysis Of Religious Symbols In The Courts,
2020
William & Mary Law School
Secondary Meaning And Religion: An Analysis Of Religious Symbols In The Courts, Eric D. Yordy, Elizabeth Brown
William & Mary Bill of Rights Journal
In the Supreme Court’s most recent freedom of religion case, Justice Alito and Justice Ginsburg disagreed about the actual and potential meaning of the Latin cross, a traditional symbol of Christianity in which the upright leg of the cross is longer than the horizontal arms of the cross. Justice Alito stated that the Latin cross, while not losing its religious meaning, has acquired what might be called a “secondary meaning” as a symbol of World War I. He couched his analysis in language suggesting that a religious symbol’s meaning may depend on its circumstances. While he also denied that he …
2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule,
2020
New York Law School
2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard
Other Publications
No abstract provided.
Jewish Law Perspectives On Judicial Settlement Practice,
2020
Pepperdine University
Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill
Pepperdine Dispute Resolution Law Journal
The classic adjudicatory paradigm of opposing attorneys facing off at trial before a judge and jury in order to receive a favorable judgment is an image long past. Increased litigation volume, and the added time and expense of modern litigation has resulted in a rich practice of judges working to broker settlements between litigants in lieu of formal adjudication. Judicial settlement is the subject of much debate, however, and the diverse range of judicial practice in this area reflects the institutional, ethical, and jurisprudential uncertainties we still have regarding the propriety of judges facilitating settlements. This paper offers a new …
Blending Scripture And The Law: The Lack Of Christian Law And The Dangers It Presents In Christian Arbitration,
2020
Pepperdine University
Blending Scripture And The Law: The Lack Of Christian Law And The Dangers It Presents In Christian Arbitration, Emily Holland
Pepperdine Dispute Resolution Law Journal
This paper will examine the ways in which a lack of an established substantive law within the Christian faith tradition affects the Christian arbitration process and explore the possible means to address these issues. It will outline the history and functions of Christian tribunals, highlighting the unique space within the justice system that these special tribunals fill. Next, it will discuss the differences between the application of law in tribunals of other religious faith traditions and the application of law in Christian arbitration. This paper will demonstrate how a lack of concrete and applicable law creates issues in the enforceability …
"Of Substantial Religious Importance": A Case For A Deferential Approach To The Ministerial Exception,
2020
Notre Dame Law School
"Of Substantial Religious Importance": A Case For A Deferential Approach To The Ministerial Exception, Allison H. Pope
Notre Dame Law Review
This Note argues that, in order to remain consistent with the Religion Clauses’ protection of religious autonomy, civil courts must defer to the religious group’s determination of which of its employees play a role “of substantial religious importance” within the organization in carrying out its religious mission under its tenets, and are therefore “ministers,” rather than investigate and make that determination themselves. Part I provides background information on the First Amendment and an overview of the circuit court and Supreme Court decisions that laid the foundation for, built, adopted, and applied the ministerial exception as described in Hosanna-Tabor. Part …
A Different Kind Of Prisoner's Dilemma: The Right To The Free Exercise Of Religion For Incarcerated Persons,
2020
Notre Dame Law School
A Different Kind Of Prisoner's Dilemma: The Right To The Free Exercise Of Religion For Incarcerated Persons, Daniel T. Judge
Notre Dame Law Review
Part I will lay the foundation for the constitutional right to freedom of religion in the United States. It will explain how the Framers understood the right in the lead up to, and at the time of, the ratification of the Free Exercise Clause as part of the Bill of Rights. Part I will also address more modern advances in religious liberty protections for prisoners before discussing two recent milestones: the Religious Land Use and Institutionalized Persons Act and the Supreme Court’s decision in Holt v. Hobbs. Part II addresses the right to freedom of religion internationally. It begins …
Law's Racism: The Perpetuation Of Settler Colonialism In Ktunaxa V. British Columbia,
2020
University of Alberta
Law's Racism: The Perpetuation Of Settler Colonialism In Ktunaxa V. British Columbia, Christian J. Zukowski
Gettysburg Social Sciences Review
In considering the nexus between law, religion, and settler colonialism I consider a case in which an Indigenous freedom of religion claim under section 2(a) of the Canadian Charter of Rights and Freedoms was ruled by the majority of Supreme Court of Canada as not being a valid freedom of religion claim. In examining this decision, I will construct an analytical framework by which I will examine the decision in a way that considers the legal system in which it occurs, that legal system’s culture, and the relevance of land in this case. Using this analytical framework, I will tease …
Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment,
2020
Pepperdine University
Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh
Pepperdine Law Review
When a Hasidic person files for divorce under New York law, either party to the marriage may invoke a declaratory judgment action to establish certain rights in a settlement agreement. If children are involved, such an agreement may include a religious upbringing clause, dictating that the child is to be raised in accordance with their then-existing religion—Hasidism. Deviation from the contract risks removal from the aberrant parent who intentionally or unwittingly allows the child to wane into secularism. Although the child’s best interest is the cornerstone of custodial analysis, a problem emerges when his or her best interest is couched …
Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law,
2020
University of Washington School of Law
Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law, Jennifer Mendoza
Washington International Law Journal
Aboriginal law is a developing and emerging area of the law in Canada. In fact, Aboriginal rights were not constitutionally protected until the ratification of the Canadian Constitution in 1982. What followed was a series of precedent-setting cases that clarified what “rights” meant under Section 35 of the Constitution, how Aboriginal title and rights could be established, and what duty the federal government had to the First Nations when trying to infringe on those rights. In 2017, the Canadian Supreme Court heard Ktunaxa Nation v. British Columbia, which was the first case to interpret Aboriginal rights under Section 2(a) religious …
The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence,
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton
Nevada Law Journal Forum
Domestic violence occurs at alarming rates in all socioeconomic levels, races, locations, sexual orientations, and professions. Domestic violence occurs at similar frequencies among religious and non-religious individuals. Clergy play an important role in religious communities. The clergy-penitent privilege was created to protect the relationship between clergy and communicant and prevents clergy from testifying about spiritual communications. However, the privilege is currently an absolute privilege which is unnecessary and hurts victims and survivors of domestic violence. Additionally, the statutorily written privilege is not aligned with the application and practice of the privilege. Practice indicates clergy tend to desire to testify and …
When Environmental Obligations Collide With State Sovereignty: An International And Sharia Law Perspective,
2020
Wilfrid Laurier University
When Environmental Obligations Collide With State Sovereignty: An International And Sharia Law Perspective, Seyed Masoud Noori, Soheila Ebrahimi Louyeh
Consensus
This article critically reviews the notion of State sovereignty under international law and argues that to achieve eco-justice as well as sustainable development goals, a restrictive and ecological approach needs to be taken toward the principle of states’ permanent sovereignty over natural resources. Environmental sustainability requires states’ environmental obligations to be identified as erga omnes so they can be addressed toward the international community as a whole and fall within the scope of article 48 of the ILC Articles on States Responsibility. Interestingly, in complete alignment with this progressive interpretation, sustainable utilization of natural resources has a longstanding foundation in …
Is The Establishment Clause Asymmetrical?,
2020
University of Rhode Island
Is The Establishment Clause Asymmetrical?, Sam Foer
Senior Honors Projects
Through numerous Establishment Clause cases, the Supreme Court has concluded that when public educators promote or denigrate religious views in the K-12 classroom, they violate the First Amendment. The Court has found that the protection of ‘freedom of conscience’ is embedded in the purpose of the Establishment Clause, which applies most strictly to the public school setting. This is because the sphere of conscience is most vulnerable to invasion in developing minds, and children are in a captive environment at school - they cannot escape from State instruction. Thus, states, school systems, and teachers who impose their religious beliefs onto …
The Cost Of Free Speech: Resolving The Wedding Vendor Divide,
2020
Fordham University School of Law
The Cost Of Free Speech: Resolving The Wedding Vendor Divide, Victoria Cappucci
Fordham Law Review
As marriage equality becomes fully realized in the United States, business proprietors increasingly refuse to service same-sex weddings on religious grounds. However, at the same time, state laws protect same-sex couples from discrimination in places open to the public. Such competing values have resulted in a line of “wedding vendor” cases. As the cases continue to proliferate, this Note examines when, and to what extent, the otherwise equally important values of free expression and equality should trump one another. This Note analyzes First Amendment compelled speech claims within the line of wedding vendor cases: specifically, whether wedding goods and services …
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill,
2020
St. Mary's University
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration,
2020
Pepperdine University
In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy
Pepperdine Dispute Resolution Law Journal
Arguably, binding religious arbitration agreements are constitutionally problematic because they hinder freedom of religion: They inhibit parties’ ability to change their beliefs. However, religious arbitration agreements also offer an outlet for the religiously inclined to further practice their beliefs. This Article offers a middle ground: If a party to a religious arbitration agreement changes religion, he or she can claim a “conscientious objector” status if he or she can prove the agreement violates his or her sincerely held religious beliefs. Courts are allowed to inquire into the sincerity of a person’s religious beliefs. The religious question doctrine — which restricts …
Myanmar's Genocide And The Legacy Of Forgetting,
2020
Western Sydney University
Myanmar's Genocide And The Legacy Of Forgetting, Catherine Renshaw
Georgia Journal of International & Comparative Law
No abstract provided.
Studi Maqashid Asy-Syariah Atas Peristiwa Pidana: Pelecehan Seksual Melalui Media Elektronik Dalam Penagihan Utang-Piutang Fintech Ilegal,
2020
Universitas Indonesia
Studi Maqashid Asy-Syariah Atas Peristiwa Pidana: Pelecehan Seksual Melalui Media Elektronik Dalam Penagihan Utang-Piutang Fintech Ilegal
Journal of Islamic Law Studies
The rise and implementation of Fintech is a result of the formation of lifestyle and consumptive behavior. This pattern of consumption behavior bases the use of commodities on desire and not on need. This happens because people continually want to complete their desire to own or use something that is beyond their needs even though they are still financially unable. One of the behaviors was exploited by Fintech, which provides financing services illegally. Illegal Fintechs are considered dangerous because they are not subject to and comply with existing regulations so that the potential deviation in the implementation process can be …
Hukum Kredit Kepemilikan Rumah (Kpr) Dalam Perspektif Islam,
2020
Universitas Indonesia
Hukum Kredit Kepemilikan Rumah (Kpr) Dalam Perspektif Islam, Ira Apriyanti
Journal of Islamic Law Studies
Home is one of the primary needs that must be reached. The importance of sufficing these needs causes the demand for homes is increasing every year. Compared to 2018, the growth of Home Ownership Loans (KPR) in January 2019 increased by 147 basis points (bps) from the original 10.89% to 12.36%. It is estimated that credit growth is expected to increase in line with optimism about the strengthening monetary and economic conditions, supported by the risk of lending that is relatively well maintained. But to fulfilling these needs, not every person can easily buy a house in cash. As a …
Tinjauan Hak Asasi Manusia Terhadap Perilaku Lesbian, Gay, Bisexual, Transgender, Dan Queer (Lgbtq) Dalam Perspektif Hukum Islam,
2020
Universitas Indonesia
Tinjauan Hak Asasi Manusia Terhadap Perilaku Lesbian, Gay, Bisexual, Transgender, Dan Queer (Lgbtq) Dalam Perspektif Hukum Islam
Journal of Islamic Law Studies
No abstract provided.
