"And Should The First Be Last?",
2014
Brigham Young University Law School
"And Should The First Be Last?", Malcolm D. Evans
BYU Law Review
No abstract provided.
Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset,
2014
Brigham Young University Law School
Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset, Françoise Tulkens
BYU Law Review
No abstract provided.
Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution,
2014
Brigham Young University Law School
Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill
BYU Law Review
No abstract provided.
Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management,
2014
Brigham Young University Law School
Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, Louis-Léon Christians
BYU Law Review
No abstract provided.
A Broken System: Failures Of The Religious Regulatory System In The People’S Republic Of China,
2014
Brigham Young University Law School
A Broken System: Failures Of The Religious Regulatory System In The People’S Republic Of China, Carl Hollan
BYU Law Review
No abstract provided.
Timeline Of Fr. Clive Lynn From Multiple Sources,
2014
University of New Mexico
Timeline Of Fr. Clive Lynn From Multiple Sources, Hall & Monagle, Llc
Timelines
No abstract provided.
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries,
2014
Chicago-Kent College of Law
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries, Asma T. Uddin
Chicago-Kent Law Review
Many Muslim-majority countries do not provide adequate protection for dissent of any sorts—religious, social, or political. In the realm of religious dissent, these countries persecute not just non-Muslims, but in fact, the persecution is harshest and most frequent against Muslim dissenters. This paper explores how protection for intragroup dissent in these countries is the first and most crucial step in protecting dissent more broadly and lays out both the current state of affairs and several avenues for reform.
The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review,
2014
Chicago-Kent College of Law
The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni
Chicago-Kent Law Review
This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …
Is Religious Freedom Irrational?,
2014
University of St. Thomas School of Law
Is Religious Freedom Irrational?, Michael Stokes Paulsen
Michigan Law Review
Brian Leiter is almost exactly half right. There is no convincing secular-liberal argument for religious liberty, in the sense of unique accommodation of religious beliefs and practices specifically because they are religious. Indeed, from a thoroughgoing secularist perspective — from a stance of committed disbelief in the possible reality of God or religious truth, and perhaps also from the perspective of unswerving agnosticism — “toleration” of religion is almost intolerably foolish. Affirmatively protecting the free exercise of religion, in the strong sense of freedom of persons and groups to act on religious convictions in ways opposed to secular legal norms, …
Complicity And Collection: Religious Freedom And Tax,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Complicity And Collection: Religious Freedom And Tax, Jennifer Carr
Scholarly Works
This Article focuses on how the Religious Freedom Peace Tax Fund Bill might be improved so that members of Congress enact it. The bill would allow war tax resisters who qualify as pacifists to direct their tax money to a separate fund not to be used for military spending. At present, the IRS is expending time and resources trying to track down tax resisters, which results in loss of revenue for the government. This Article argues that passage of an amended version of the Religious Freedom Peace Tax Fund Bill would eliminate the tension between the IRS and war tax …
Are Catholic Bishops Seeking A Religious Preference Or Religious Freedom?,
2014
Valparaiso University
Are Catholic Bishops Seeking A Religious Preference Or Religious Freedom?, Ivan E. Bodensteiner
Marquette Law Review
Using the Catholic Bishops’ litigation strategy in challenging the Affordable Care Act as an example, this Article suggests that the Supreme Court’s interpretation of the First Amendment religion clauses has emboldened religious organizations to seek preferred treatment, i.e., “to become a law unto [themselves].” The religion clauses have a common goal, religious freedom, but they are often in tension and require a delicate balance. Beginning with the Rehnquist Court, and continuing with the Roberts Court, the interpretation of the religion clauses, in combination with the free speech clause, has eliminated the wall of separation between religion and government. The wall …
Associations And The Constitution: Four Questions About Four Freedoms,
2014
Brooklyn Law School
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Faculty Scholarship
No abstract provided.
International Center For Law And Religion Studies,
2014
Brigham Young University
International Center For Law And Religion Studies, Cole Durham
Journal of Undergraduate Research
In 2010 Professor W. Cole Durham, Jr. received a grant in the amount of $20,000 to help offset the cost of mentoring and training selected law students following their first year of law school. These funds were received and accounted for by the International Center for Law and Religion Studies at BYU (the “Center”) of which Professor Durham is the Director. This grant was to assist law students perform the following functions:
International Center For Law And Religion Studies,
2014
Brigham Young University
International Center For Law And Religion Studies, Cole Durham
Journal of Undergraduate Research
In 2010 Professor W. Cole Durham, Jr. received a grant in the amount of $20,000 to help offset the cost of mentoring and training selected law students following their first year of law school. These funds were received and accounted for by the International Center for Law and Religion Studies at BYU (the “Center”) of which Professor Durham is the Director. This grant was to assist law students perform the following functions:
The Vatican Still Protects Pedophile Priests,
2014
Western New England University School of Law
The Vatican Still Protects Pedophile Priests, Lauren Carasik
Media Presence
No abstract provided.
All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception,
2014
Pepperdine University
All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya
Pepperdine Law Review
In light of the more recent Hosanna-Tabor decision, this Comment seeks to answer these questions by extending the reasoning behind the ministerial exception to the university context in order to build a foundation upon which a future exception can be built to ensure that religious student groups are sufficiently free to choose their own leaders. Part II sets forth a brief history of the ministerial exception and its application in the circuit courts. Part III addresses two recent Supreme Court cases, Martinez and Hosanna-Tabor, and their practical effect on religious liberty, as well as the public’s perception of both cases. …
Once We Were Slaves, Now We Are Free: Legal, Administrative, And Social Issues Raised By Passover Celebrations In Prison,
2014
Pepperdine University
Once We Were Slaves, Now We Are Free: Legal, Administrative, And Social Issues Raised By Passover Celebrations In Prison, Aviva Orenstein
Pepperdine Law Review
“Once we were slaves, now we are free” is a central line from the Jewish Passover Seder, a ritual meal in which participants retell the story of liberation from Pharaoh’s oppression. In prison, many Jewish inmates request access to a Seder and to kosher-for-Passover food for the eight-day holiday. Prisoners’ requests to celebrate Passover provide a rich example for exploring the Religious Land Use and Institutional Persons Act (RLUIPA), and raise a host of tough questions regarding cost, safety, equal treatment of prisoners, and establishment of religion. Because kosher-for-Passover meals are more expensive and generally of higher quality than regular …
Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World,
2014
University of Michigan Law School
An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker
Michigan Journal of International Law
This note will examine the CRPD’s aspirations in light of Islamic law, comparing whether the two are—or can be—consistent. Part I will provide background on the CRPD, including the intent of the treaty, the negotiations leading to the final wording, and the solid obligations it contains for state parties. Part II examines the background of Shari’a and its provisions regarding disability. Part III compares the treatment of the disabled under Islamic law with that required by the CRPD in order to gage consistency. Where tensions exist, alternative interpretations of both Islamic law and the CPRD are proposed that might facilitate …
