Open Access. Powered by Scholars. Published by Universities.®

Religion Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,475 Full-Text Articles 2,040 Authors 1,199,057 Downloads 131 Institutions

All Articles in Religion Law

Faceted Search

3,475 full-text articles. Page 2 of 91.

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman 2019 William & Mary Law School

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Nathan B. Oman

No abstract provided.


How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman 2019 William & Mary Law School

How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman

Nathan B. Oman

This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.


Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald 2019 William & Mary Law School

Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Nathan B. Oman

No abstract provided.


Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald 2019 William & Mary Law School

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Nathan B. Oman

No abstract provided.


Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman 2019 William & Mary Law School

Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus 2019 William & Mary Law School

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Paul Marcus

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be ...


Fundamentalist Schools And The Law, Neal Devins 2019 William & Mary Law School

Fundamentalist Schools And The Law, Neal Devins

Neal E. Devins

No abstract provided.


Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer 2019 William & Mary Law School

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

James G. Dwyer

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers ...


Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer 2019 William & Mary Law School

Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer

James G. Dwyer

No abstract provided.


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor 2019 William & Mary Law School

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Vivian E. Hamilton

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton 2019 William & Mary Law School

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Religion In The Public Square, Davison M. Douglas 2019 William & Mary Law School

Religion In The Public Square, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin McCrary, Stephen Davidoff Solomon, Eric L. Talley 2019 Columbia Law School

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Richard M. Buxbaum

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their ...


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin McCrary, Stephen Davidoff Solomon, Eric L. Talley 2019 Columbia Law School

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Robert Bartlett

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their ...


Where's The Beef?, Stanley Fish 2019 Selected Works

Where's The Beef?, Stanley Fish

Stanley Fish

A key concern of the papers written for this conference is the relationship between religious beliefs and secular beliefs of the kind that carry with them deep ethical obligations. Are these systems of belief essentially the same or are they different in important respects? The question is typically posed abstractly, and I thought it might be useful to have before us an example of religious belief and the demands that attend it. The example is taken from the beginning of John Bunyan’s The Pilgrim’s Progress. Christian, Bunyan’s protagonist, has suddenly become aware that his salvation is imperiled ...


Establishment Of Religion Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


An Introduction To The Conference With The Dalai Lama On Law, Buddhism, And Social Change, Rebecca R. French 2019 University at Buffalo School of Law

An Introduction To The Conference With The Dalai Lama On Law, Buddhism, And Social Change, Rebecca R. French

Rebecca Redwood French

No abstract provided.


Limitations On Religious Rights: Problematizing Religious Freedom In The African Context, Makau wa Mutua 2019 University at Buffalo School of Law

Limitations On Religious Rights: Problematizing Religious Freedom In The African Context, Makau Wa Mutua

Makau Mutua

No abstract provided.


Religious Human Rights In Global Perspective, Isabel Marcus 2019 University at Buffalo School of Law

Religious Human Rights In Global Perspective, Isabel Marcus

Isabel Marcus

Book review of Johan van der Vyver & John Witte, Jr.'s Religious human Rights in Global Perspective


What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders 2019 University of Georgia School of Law

What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress