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4,112 full-text articles. Page 74 of 113.

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, Edward F. Barrett 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, William F. Cahill, B.A., J.C.D. 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, Charles J. Zinn, A.B., LL.B., LL.M., S.J.D. 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, Eric F. MacKenzie, S.T.D., J.C.D. 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, Frederick J. Ludwig, Dominic Hughes, O.P. 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, Andrew C. Nosti 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]


Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts And The Free Speech Rights They Protect, Brandon Harvard Riches 2016 Brigham Young University Law School

Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts And The Free Speech Rights They Protect, Brandon Harvard Riches

Brigham Young University Education and Law Journal

No abstract provided.


Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko 2016 Universiti Utara Malaysia

Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko

The Qualitative Report

This paper describes the process of the conduct of preliminary tests to determine the construct and content validity of the chosen data collection method for a study into the relationship between Islamic principles and objectives, Islamic financial law and takaful (slamic Insurance) operations and practices in Nigeria. Semi-structured interviews were tested on a select group of respondents mirroring the intended subjects in the field. The pilot test showed the construct to be both valid and reliable while giving the opportunity to insert refinements to the research tool.


Master Metaphors And Double-Coding In The Encounters Of Religion And State, Perry Dane 2016 University of San Diego

Master Metaphors And Double-Coding In The Encounters Of Religion And State, Perry Dane

San Diego Law Review

That term “existential encounter” is meant to convey several important ideas. First, it suggests that what is at stake here is not merely a set of legal doctrines or policy prescriptions, but something deeper and more constitutive. The sovereign nation-state, in some sense, looks out at the world around it and sees other entities that do not easily fit into its own internal sovereign architecture. Some of these are other nation-states. Some might be other types of essentially secular, but non-state, human associations. And others are, or should be, communities—large and small, organized or not, united or splintered—whose normative commitment …


Why The Ministerial Exception Is Consistent With Smith—And Why It Makes Sense, William A. Galston 2016 University of San Diego

Why The Ministerial Exception Is Consistent With Smith—And Why It Makes Sense, William A. Galston

San Diego Law Review

This conference puts on the table two linked questions: Can Hosanna-Tabor be reconciled with Employment Division v. Smith and, if so, on what basis? Let me say straightway that I have at most an amateur’s understanding of constitutional law and jurisprudence. I bring to our questions some intuitions about the best framework for thinking about them, and whatever light my home discipline of political theory can shed on them. I have also benefitted enormously from Christopher Lund’s splendid law review article on the topic of this conference.


The Opposite Of Anarchy And The Transmission Of Faith: The Freedom To Teach After Smith, Hosanna-Tabor, Obergefell, And The Ascendancy Of Sexual Expressionism, Helen M. Alvaré 2016 University of San Diego

The Opposite Of Anarchy And The Transmission Of Faith: The Freedom To Teach After Smith, Hosanna-Tabor, Obergefell, And The Ascendancy Of Sexual Expressionism, Helen M. Alvaré

San Diego Law Review

There are several avenues available for protecting religious schools’ freedom but none involving rote application of the summary holdings of Smith or Hosanna-Tabor. This shouldn’t surprise; little is simple where the religion clauses are concerned. Nevertheless, to provide free exercise and nonestablishment “on the ground” and to allow core tenets of Judeo-Christian traditions a genuine, not just theoretical, chance of reaching the next generation, the Supreme Court needs to find a way within the labyrinth of its current First Amendment jurisprudence to allow religious schools and parents the freedom to teach.

This Article will treat this question as follows. Part …


Free Exercise By Moonlight, Marc O. DeGirolami 2016 University of San Diego

Free Exercise By Moonlight, Marc O. Degirolami

San Diego Law Review

How is the current condition of religious free exercise, and religious accommodation in specific, best understood? What is the relationship of the two most important free exercise cases of the past half-century, Employment Division v. Smith and Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC? This essay explores four possible answers to these questions.

1. Smith and Hosanna-Tabor are the twin suns of religious accommodation under the Constitution. They are distinctively powerful approaches.

2. Hosanna-Tabor’s approach to constitutional free exercise is now more powerful than Smith’s. Smith has been eclipsed.

3. Hosanna-Tabor has shown itself to be feeble. It has …


Rfra, State Rfras, And Religious Minorities, Christopher C. Lund 2016 University of San Diego

Rfra, State Rfras, And Religious Minorities, Christopher C. Lund

San Diego Law Review

Now fully a generation ago, the Supreme Court decided Employment Division v. Smith, which held that religious believers generally have no right to exemptions from neutral and generally applicable laws. But in the twenty-five years since Smith, the situation has grown more complex. Shortly after Smith, Congress passed the Religious Freedom Restoration Act (RFRA) and later the Religious Land Use and Institutionalized Persons Act (RLUIPA). And many states followed suit, either adopting state Religious Freedom Restoration Acts (state RFRAs) or construing generously the religious-freedom provisions of their state constitutions. As a result, the compelling-interest test discarded by Smith now again …


Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch 2016 Brigham Young University Law School

Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch

BYU Law Review

The United States Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., which brought for-profit corporations under the protection of the Religious Freedom Restoration Act, has been the subject of widespread support and criticism. Some have lauded the Hobby Lobby decision as an important step in protecting religious freedom. Others have derided it as an affront to the civil rights of corporate employees. This Article suggests a third perspective, namely, that Hobby Lobby harms, rather than helps, religious freedom. Both legally and politically, Hobby Lobby is likely to lead to a reduction in protection for religious individuals and entities …


Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill 2016 Fordham University School of Law

Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill

Fordham Urban Law Journal

No abstract provided.


Affidavit Of Service Of Documents To Fr. John Feit, Hall & Monagle, LLC 2016 University of New Mexico

Affidavit Of Service Of Documents To Fr. John Feit, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.


Petion For A Writ Of Certiorari. Knight V. Thompson, 136 S.Ct. 2534 (2016) (No. 15-999), 2016 U.S. S. Ct. Briefs Lexis 542, 2016 Wl 447654, Eric Schnapper, Mark Sabel, Peter Fruin, Randall C. Marshall, Roy S. Haber 2016 University of Washington School of Law

Petion For A Writ Of Certiorari. Knight V. Thompson, 136 S.Ct. 2534 (2016) (No. 15-999), 2016 U.S. S. Ct. Briefs Lexis 542, 2016 Wl 447654, Eric Schnapper, Mark Sabel, Peter Fruin, Randall C. Marshall, Roy S. Haber

Court Briefs

QUESTION PRESENTED In Holt v. Hobbs, 135 S.Ct. 853 (2015), this Court held that the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), renders unlawful an absolute ban on inmates' wearing a beard for religious reasons. The Eleventh Circuit, subsequent to and despite this Court's decision in Holt, rejected a RLUIPA challenge to Alabama's similarly inflexible policy prohibiting all male inmates from wearing long hair for religious reasons. A vast majority of states, the District of Columbia, and all federal prisons accommodate inmates whose religious practices include wearing beards or long hair. The Question Presented is: Whether Alabama's …


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