Religion Law And The Constitution

Author: Daniel Conkle
Publisher: West Academic
ISBN: 1634608305
Size: 49.79 MB
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Offering clear exposition combined with creative and sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.

Rutherglen S Employment Discrimination Law 3d Concepts And Insights Series

Author: George Rutherglen
Publisher: West Academic
ISBN: 1628102802
Size: 28.91 MB
Format: PDF, Mobi
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Although the details of this reasoning are complex and controversial, the ultimate
result is clear: Legislative protection of religious freedom can only operate within
a narrow area defined by several different constitutional restrictions. Title VII has
stayed within this narrow area, partly because its provisions concerned with
religion are framed flexibly enough to permit a narrow interpretation where one is
necessary to avoid a 148 substantial constitutional question. The BFOQ, which ...

Serkin S The Law Of Property Concepts And Insights Series

Author: Christopher Serkin
Publisher: West Academic
ISBN: 1628102829
Size: 29.60 MB
Format: PDF, Mobi
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First and foremost, the fact of RLUIPA highlights the existence of non-
constitutional statutory protections for certain categories of land uses. The student
of property should not leave the discussion of land use thinking that all disputes
are constitutional; most land use disputes rest on more prosaic statutory grounds.
But RLUIPA again reveals how land use decisions can implicate more than
property rights. After all, many religious practices are linked to real property (
whether to a church, ...

Professional Responsibility And Regulation 2d Concepts And Insights Series

Author: Deborah Rhode
Publisher: West Academic
ISBN: 1628102780
Size: 47.18 MB
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of Law and Individual Rights As an historical fact, the legal profession has most
fully evolved in political regimes based on the “rule of law,” including legal
guaranties ... and conscience, freedom from arbitrary imprisonment,
unreasonable searches and seizures, and procedural unfairness; and, in more
recent times, freedom from discrimination based on race, gender, religious
affiliation, or national origin.

Roosevelt S Conflict Of Laws Concepts And Insights Series

Author: Kermit Roosevelt
Publisher: West Academic
ISBN: 1628102799
Size: 17.99 MB
Format: PDF
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Alien communication to other aliens, by contrast, seems much less relevant to the
First Amendment's domestic purpose of facilitating democracy.46 As for self-
actualization, a domiciliary focus seems appropriate: it is hard to see why the
Constitution would be concerned with the ... Federal expenditures in support of
religion abroad clearly convey a message of governmental favoritism, and they
compel individual taxpayers to support religions with which they may disagree.
Thus, the ...

Law Religious Freedoms And Education In Europe

Author: Dr Myriam Hunter-Henin
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497917
Size: 48.30 MB
Format: PDF, ePub
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This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education.

Legislation And Statutory Interpretation 2d Concepts And Insights Series

Author: William Eskridge Jr.
Publisher: West Academic
ISBN: 1628102543
Size: 65.24 MB
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45 Sometimes a higher level of judicial activism is explicitly contemplated by the
state constitutional law creating initiatives and referenda. The Massachusetts
Constitution, for example, provides that initiatives cannot touch upon enumerated
matters such as religious freedoms nor invade specified individual rights.46
Typically, however, judicial activism is fueled by skepticism about the process of
direct democracy itself, both its lack of filters to calm the momentary passions of
the people ...

Religion Law And The Constitution

Author: Javier García Oliva
Publisher: Routledge
ISBN: 1317560744
Size: 64.36 MB
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Nevertheless, there are valuable insights to be gained from those who put
forward a more collaborative understanding of the mechanics of the UK
Constitution. In terms of ... Although there are those, like Eldin, who believe in
residual common law power vested in the judiciary to police the legal framework,
this is not widely accepted or recognised by the majority of Britain's senior judges
. ... First, there is the concept of putting into practice the democratic will of the
people, and one of the ...

Law Religion Constitution

Author: W. Cole Durham
Publisher: Routledge
ISBN: 1317107381
Size: 37.73 MB
Format: PDF, Kindle
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discussed below both aim to do this, with Williams interrogating the concept of
legal universalism and Milbank legal secularity. In so doing, both thinkers move
to advance an account of law within which group rights and religious pluralism
might flourish more fully. One of the most interesting contributions to recent
debate about religious pluralism is Rowan Williams's lecture on 'Civil and
Religious Law in England'. The initial question Williams takes up is whether there
ought to be space ...

Negotiating Religion

Author: François Guesnet
Publisher: Routledge
ISBN: 1317089316
Size: 63.12 MB
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In these several ways, this closing chapter also serves as a helpful reminder that
scholarship is going through its own period of rapid negotiation of religion across
the disciplines, in which it takes up and considers old concepts and new
objections, old settlements and new actors within them and the very histories that
give rise to the legal and constitutional concepts we think through these
questions with today. The chapters of this volume are organised according to
their disciplinary ...