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4,116 full-text articles. Page 88 of 113.

"And Should The First Be Last?", Malcolm D. Evans 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, Françoise Tulkens 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, Mark Hill 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, Louis-Léon Christians 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, Carl Hollan 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, Hall & Monagle, LLC 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, Asma T. Uddin 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, Lourdes Peroni 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?, Michael Stokes Paulsen 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, Jennifer Carr 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?, Ivan E. Bodensteiner 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, Nelson Tebbe 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, Cole Durham 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, Cole Durham 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, Lauren Carasik 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, Zach Tafoya 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, Aviva Orenstein 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, Leslie C. Griffin 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, Leslie C. Griffin 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, Brenton Kinker 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 …


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