Mauna Kea Anaina Hou V. Board Of Land And Natural Resources,
2016
Alexander Blewett III School of Law at the University of Montana
Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong
Public Land & Resources Law Review
Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.
Words Of Wisdom From The Founding Fathers: Why
The Internal Revenue Service Should Let Churches Be,
2016
Pepperdine University
Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides
Journal of the National Association of Administrative Law Judiciary
Part I of this comment will explore the foundations of the First Amendment, as the Constitution is a framework on which the United States continues to rest. An examination of the events contributing and leading to the drafting of the Constitution will illuminate the rationale behind the tenets put forth by the Founding Fathers. More specifically, this comment will devote emphasis to the Founding Fathers’ objectives regarding the state in relation to religion. This emphasis will provide insight into the perspective of the Founders at the time of drafting the First Amendment. Furthermore, this section will illustrate how the separation …
Reply Brief Of Petitioners. Knight V. Thompson, 136 S.Ct. 2534 (2016) (No. 15-999), 2016 U.S. S. Ct. Briefs Lexis 1645, 2016 Wl 1555013+A12,
2016
University of Washington School of Law
Reply Brief Of Petitioners. Knight V. Thompson, 136 S.Ct. 2534 (2016) (No. 15-999), 2016 U.S. S. Ct. Briefs Lexis 1645, 2016 Wl 1555013+A12, Eric Schnapper, Mark Sabel, Peter Fruin, Randall C. Marshall, Roy S. Haber
Court Briefs
QUESTION PRESENTED Section 3 of the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") prohibits state and local governments from imposing "a substantial burden on the religious exercise of a person residing in or confined to an institution . . . unless the government demonstrates that imposition of the burden on that person": (1) "is in furtherance of a compelling governmental interest," and (2) "is the least restrictive means of furthering that compelling governmental interest."42 U.S.C. § 2000cc-l(a). The Question Presented is: Whether RLUIPA requires that prison officials actually consider and demonstrate a sufficient basis for rejecting widely …
Some Comparative Legal History: Robbery And Brigandage,
2016
University of Edinburgh
Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson
Georgia Journal of International & Comparative Law
No abstract provided.
Letter From Br. Dennis Huff Re: Legal Summons,
2016
University of New Mexico
Letter From Br. Dennis Huff Re: Legal Summons, Hall & Monagle, Llc
Records related to Br. Dennis Huff
No abstract provided.
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition,
2016
Center for the Study of Law and Religion, Emory Law School (Student)
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill
Buffalo Law Review
No abstract provided.
To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?,
2016
University of Georgia School of Law
To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Shah Arora
Washington and Lee Law Review
When should we accommodate religious practices? When should we demand that religious groups instead conform to social or legal norms? Who should make these decisions, and how? These questions lie at the very heart of our contemporary debates in the field of Law and Religion.
Particularly thorny issues arise where religious practices may impose health-related harm to children within a religious group or to third parties. Unfortunately, legislators, courts, scholars, ethicists, and medical practitioners have not offered a consistent way to analyze such cases, so the law is inconsistent. This Article suggests, first, that the lack of consistency is a …
Clark Memorandum: Spring 2016,
2016
Brigham Young University Law School
Clark Memorandum: Spring 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Law and Perspective (James R. Rasband)
- The Boundary Between Church and State (Dallin H. Oaks)
- Thoughts on the Special Mission of J. Reuben Clark Law School (Monte N. Stewart)
- In and Out of Africa (Steven J. Lund)
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?,
2016
University of Arkansas Little Rock
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey
University of Arkansas at Little Rock Law Review
No abstract provided.
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution,
2016
University of the District of Columbia School of Law
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler
University of the District of Columbia Law Review
Occupying a mere 4.6 kilometers on the frontier betweenThailand and Cambodia, the temple of Preah Vihear maintains secondary importance in the pantheon of ancient Khmer architecture to the more celebrated complex at Angkor. Even so, it has been the source of tremendous conflict throughout the 20th and 21st centuries. This conflict claimed the lives of both civilians and soldiers in 2011, and forced the dislocation of tens of thousands of villagers. Encompassing questions of cultural heritage and border demarcation, Preah Vihear has grown as a symbol of identity and self-direction within both Thailand and Cambodia. The 1962 International Court of …
At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits,
2016
The Catholic University of America, Columbus School of Law
At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez
Catholic University Law Review
Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.
The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church & School …
Bingo, Religion And Adoption Laws, Motion Picture Censorship, Lottery Charges Against Sisters Dismissed, Comic Books,
2016
St. John's University School of Law
Bingo, Religion And Adoption Laws, Motion Picture Censorship, Lottery Charges Against Sisters Dismissed, Comic Books
The Catholic Lawyer
No abstract provided.
The Natural Law And The Lawyer's Search For A Philosophy Of Law,
2016
St. John's University School of Law
The Natural Law And The Lawyer's Search For A Philosophy Of Law, Edward F. Barrett
The Catholic Lawyer
No abstract provided.
Fraud And Error In The Canon Law Of Marriage,
2016
St. John's University School of Law
Fraud And Error In The Canon Law Of Marriage, William F. Cahill, B.A., J.C.D.
The Catholic Lawyer
No abstract provided.
Sacred Roman Rota Is Streamlined By Pope's New Decree, California D.A. Names More Nuns In Lottery Charges, Decry Encroachment Of Social Agencies Upon Functions Of The Courts, Natural Law Conference, Red Mass In Chicago,
2016
St. John's University School of Law
Sacred Roman Rota Is Streamlined By Pope's New Decree, California D.A. Names More Nuns In Lottery Charges, Decry Encroachment Of Social Agencies Upon Functions Of The Courts, Natural Law Conference, Red Mass In Chicago
The Catholic Lawyer
No abstract provided.
Wearing Religious Garb, Bible Distribution In Public Schools, Zoning Restrictions On Churches, Rectory Held Tax Exempt, Religion And Adoption Laws, Court Permits Child To Choose Religion,
2016
St. John's University School of Law
Wearing Religious Garb, Bible Distribution In Public Schools, Zoning Restrictions On Churches, Rectory Held Tax Exempt, Religion And Adoption Laws, Court Permits Child To Choose Religion
The Catholic Lawyer
No abstract provided.
A Man Born Again: Saint Thomas More,
2016
St. John's University School of Law
A Man Born Again: Saint Thomas More, Charles J. Zinn, A.B., Ll.B., Ll.M., S.J.D.
The Catholic Lawyer
No abstract provided.
The Catholic Church On Separation And Civil Divorce,
2016
St. John's University School of Law
The Catholic Church On Separation And Civil Divorce, Eric F. Mackenzie, S.T.D., J.C.D.
The Catholic Lawyer
No abstract provided.
Bingo, Morality And The Criminal Law,
2016
St. John's University School of Law
Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P.
The Catholic Lawyer
No abstract provided.
In God We Trust,
2016
Gettysburg College
In God We Trust, Andrew C. Nosti
SURGE
Almost everywhere I turn I can hear someone saying, “America is a Christian nation!” likely yelled or grumbled with impressive, and sometimes concerning, aggression. I can’t go through a week without this phrase popping up, usually closely accompanied by the notion that America’s founding has roots in Christian principles. [excerpt]
