American Atheists, Inc. V. Davenport: Endorsing A Presumption Of Unconstitutionality Against Potentially Religious Symbols,
2012
Brigham Young University Law School
American Atheists, Inc. V. Davenport: Endorsing A Presumption Of Unconstitutionality Against Potentially Religious Symbols, Eric B. Ashcrof
BYU Law Review
No abstract provided.
Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway,
2012
Brigham Young University Law School
Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen
BYU Law Review
No abstract provided.
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises,
2012
American University Washington College of Law
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Legislation and Policy Brief
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …
Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice,
2012
Pepperdine University
Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain
Pepperdine Law Review
No abstract provided.
Clergy, Sex And The American Way,
2012
Pepperdine University
Clergy, Sex And The American Way, Raymond C. O'Brien
Pepperdine Law Review
No abstract provided.
Towards A Balanced Approach For The Protection Of Native American Sacred Sites,
2012
University of Utah S.J. Quinney College of Law
Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine
Michigan Journal of Race and Law
Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of general …
Rluipa: What's The Use,
2012
University of Michigan Law School
Rluipa: What's The Use, Jason Z. Pesick
Michigan Journal of Race and Law
After Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which protects religious land use, many observers feared that the legislation would allow religious organizations to flout land-use regulations. Because RLUIPA defines "religious exercise" broadly, these observers feared the law would protect an array of nonworship uses, including commercial ventures, as long as a religious entity owned the land. More than a decade after RLUIPA's passage, this Note concludes that courts have not interpreted religious exercise as broadly as those observers feared. Courts have not, however, settled on a clear or consistent way of interpreting religious …
A Proposal To Expand The Religious Services Exemption Under The Copyright Act,
2012
University of Arkansas Little Rock
A Proposal To Expand The Religious Services Exemption Under The Copyright Act, Kevin M. Lemley
University of Arkansas at Little Rock Law Review
This article focuses on the religious services exemption to the Copyright Act. The religious services exemption is one of many exemptions that permit certain types of use without first obtaining permission from the copyright owner, or proving fair use. This article argues that the religious services exemption should be expanded to cover any work used in the course of services as well as the recording, broadcast, and transmission of the services.
The first part of this article analyzes the existing religious services exemption under the Copyright Act to define the bounds that uses fall under the exemption. The article then …
Hugo Black’S Wall Of Separation Of Church And State,
2012
Liberty University
Hugo Black’S Wall Of Separation Of Church And State, Garland L. Goff Jr.
Senior Honors Theses
Justice Hugo Black and his 1947 opinion in Everson v. Board of Education. In this opinion, Justice Black quoted Thomas Jefferson’s term “wall of separation” and further added his own opinion that the wall must be high and impregnable. This meant that from that day forward the separation of church and state would be applied to all aspects of government not just the federal level. Several key factors in Justice Black’s background inclined the Justice to rule unfavorably against religion. First, it is a known fact that Justice Black was a member of the KKK, an organization that was known …
Religious Monopolies And The Commodification Of Religion,
2012
Pepperdine University
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Pepperdine Law Review
In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …
Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response,
2012
Pepperdine University
Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response, Robert J. Conrad Jr
Pepperdine Law Review
No abstract provided.
The Wrong Question,
2012
Pepperdine University
Lawyer As Peacemaker: A Christian Response To Rambo Litigation,
2012
Pepperdine University
Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin
Pepperdine Law Review
This article examines and critiques Rambo lawyering. The practice of law has evolved so that the cornerstone principle of client loyalty, together with the economic incentives inherent in law practice, not only create strong motivations for lawyers to pursue their clients' causes vigorously, but also allow lawyers to easily absolve themselves of any moral obligation for their activities as their clients' representatives. Vigorous advocacy is an indispensible part of the modern judicial system, and it is generally believed that truth and justice will be served as long as there are vigorous advocates on both sides and the profession's code of …
Are Lawyers 'Wonderfully Made'?,
2012
Pepperdine University
Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga
Pepperdine Law Review
No abstract provided.
Practicing Law As A Christian: Restoration Movement Perspectives,
2012
Pepperdine University
Practicing Law As A Christian: Restoration Movement Perspectives, Thomas G. Bost, L. Timothy Perrin
Pepperdine Law Review
The legal profession faces a potential crisis where the professional and personal lives of practicing lawyers are being compartmentalized, with little relationship to or integration with each other, and with sometimes starkly differing standards of conduct and morality. Perrin and Bost argue that a Christian lawyer's commitment to Christ calls them to a standard of conduct higher than or different from the ethical rules propounded by the bar. The article examines the "standard vision" of lawyer conduct and ethical responsibility and summarizes four models of how Christians have adopted in relating to secular culture: in harmony with the code; against …
Pepperdine Commencement Speech,
2012
Pepperdine University
Pepperdine Commencement Speech, Anthony T. Kronman
Pepperdine Law Review
No abstract provided.
Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics,
2012
Pepperdine University
Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine
Pepperdine Law Review
This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …
Clients, Courts, And Calling: Rethinking The Practice Of Law,
2012
Pepperdine University
Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti
Pepperdine Law Review
No abstract provided.
A Larger Calling Still,
2012
Pepperdine University
Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?,
2012
Pepperdine University
Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?, Robert F. Cochran Jr
Pepperdine Law Review
No abstract provided.
