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4,101 full-text articles. Page 67 of 112.

Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc 2017 Florida Coastal School of Law

Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc

Georgia Journal of International & Comparative Law

No abstract provided.


Trump V. International Refugee Assistance Project, Et Al.: Motion For Leave To File Amicus Brief In Three Related Proceedings And Brief Of Constitutional Law Scholars As Amici Curiae Opposing The Government's Application For Stay, Richard Primus 2017 University of Michigan Law School

Trump V. International Refugee Assistance Project, Et Al.: Motion For Leave To File Amicus Brief In Three Related Proceedings And Brief Of Constitutional Law Scholars As Amici Curiae Opposing The Government's Application For Stay, Richard Primus

Appellate Briefs

Amici are constitutional law scholars. They submit this brief to identify a distinct legal principle compelling the conclusion that the revised executive order is unconstitutional: the long-settled prohibition on governmental acts based on animus toward a particular religious group.

The court of appeals safeguarded the religious liberty guaranteed by the Constitution by finding Executive Order No. 13,780, 82 Fed. Reg. 13,209 (Mar. 9, 2017) (the "Order") unconstitutional and affirming the preliminary injunction granted by the district court. That liberty should not be imperiled by granting the Government's motion for a stay. The Fourth Circuit relied on McCreary County v. ACLU …


On Health, Law, And Religion, Stacey A. Tovino 2017 University of Nevada, Las Vegas School of Law

On Health, Law, And Religion, Stacey A. Tovino

Washington and Lee Law Review

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman’s Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court’s recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a …


Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. TAN 2017 Singapore Management University

Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

On July 6, 2010, Singapore's Internal Security Department (ISD) announced that a “self-radicalized,” full-time national serviceman had been detained under the Internal Security Act (ISA) since April 4, 2010. Muhammad Fadil bin Abdul Hamid (Fadil), age 20, would be detained under the ISA for two years in the first instance. According to the media statement, Fadil had become convinced that “it was his religious duty to undertake armed jihad alongside fellow militants and strive for martyrdom.” According to local media reports, Fadil was the sixth known case of self-radicalization. Fadil was subsequently released on a Restriction Order on April 4, …


The Agreements Between Church And State: The Italian Perspective, Elena Ervas 2017 Brigham Young University Law School

The Agreements Between Church And State: The Italian Perspective, Elena Ervas

BYU Law Review

This Article explores the recent approach of the Italian Constitutional Court regarding agreements between the Italian State and religious denomination, which regulate matters of common interest. The Italian approach is compared to the contemporary approach of the Spanish legal system. The Italian approach grants strong discretion in favor of the Government in this context, but by doing so, it risks inadequately protecting the religious freedom of religious denominations in light of current jurisprudence. Moreover, the broad discretion given to the Italian government seems not to be in line with the current jurisprudence of the European Court of Human Rights in …


The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani 2017 Brigham Young University Law School

The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani

BYU Law Review

No abstract provided.


The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’ 2017 Brigham Young University Law School

The European Union And Freedom Of Religion Or Belief: A New Momentum, Ján Figel’

BYU Law Review

No abstract provided.


Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi 2017 Brigham Young University Law School

Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi

BYU Law Review

Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. …


Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs 2017 Brigham Young University Law School

Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs

BYU Law Review

No abstract provided.


Deposition Of Fr. John Cannon Exhibit 2: Permanent Review Board Minutes, Hall & Monagle, LLC 2017 University of New Mexico

Deposition Of Fr. John Cannon Exhibit 2: Permanent Review Board Minutes, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.


Deposition Of Fr. John Cannon Exhibit 5: Fr. Maes' File, Hall & Monagle, LLC 2017 University of New Mexico

Deposition Of Fr. John Cannon Exhibit 5: Fr. Maes' File, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.


Deposition Of Fr. John Cannon Exhibit 6: [Redacted] Letter, Hall & Monagle, LLC 2017 University of New Mexico

Deposition Of Fr. John Cannon Exhibit 6: [Redacted] Letter, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.


Deposition Of Fr. John Cannon Exhibit 3: St. Luke Report, Hall & Monagle, LLC 2017 University of New Mexico

Deposition Of Fr. John Cannon Exhibit 3: St. Luke Report, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.


Deposition Of Fr. John Cannon Exhibit 1: Notes From Fr. Imbarrato File, Hall & Monagle, LLC 2017 University of New Mexico

Deposition Of Fr. John Cannon Exhibit 1: Notes From Fr. Imbarrato File, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.


Deposition Of Fr. John Cannon, Hall & Monagle, LLC 2017 University of New Mexico

Deposition Of Fr. John Cannon, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.


Deposition Of Fr. John Cannon Exhibit 4: Archbishop Sheehan Letter, Hall & Monagle, LLC 2017 University of New Mexico

Deposition Of Fr. John Cannon Exhibit 4: Archbishop Sheehan Letter, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.


Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan 2017 Roger Williams University School of Law

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi 2017 Pepperdine University

Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Joint Statement By The Council On American-Islamic Relations Of New York & Columbia Law School’S Public Rights/Private Conscience Project, Council on American-Islamic Relations of New York, Public Rights/Private Conscience Project 2017 Columbia Law School

Joint Statement By The Council On American-Islamic Relations Of New York & Columbia Law School’S Public Rights/Private Conscience Project, Council On American-Islamic Relations Of New York, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

As advocates for free exercise of religion, civil rights, and religious pluralism, we are deeply concerned that President Trump’s recently signed Executive Order “Promoting Free Speech and Religious Liberty” will serve to limit, not protect, religious freedom. The order was signed on May 4, 2017, in a ceremony that included Christian musician Steven Curtis Chapman and statements by Pentecostal televangelist Paula White, Baptist Pastor Jack Graham, Catholic Archbishop Donald Wuerl, Rabbi Marvin Heir, and Vice President Mike Pence. While the executive order — unlike a prior leaked draft — does not single out particular religious beliefs for special protection, we …


Potential Consequences Of Trump’S “Religious Freedom” Executive Order, Public Rights/Private Conscience Project 2017 Columbia Law School

Potential Consequences Of Trump’S “Religious Freedom” Executive Order, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

President Trump is set to sign a far-reaching and constitutionally problematic executive order today. Although a draft of the final order has not yet been released, it will likely mirror, at least in part, a similar draft that was leaked earlier this year.


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