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Religious Regulation and the Courts

2004
Throughout the 1990s there was a growing turmoil over interpreting the First Amendment’s free exercise clause on religion. The 1990s opened with the U.S. Supreme Court’s controversial ruling on Employment Division of Oregon v. Smith (494 U.S. 872, 1990)—a ruling that many contended dispensed with the compelling state interest test previously used by ...
John Wybraniec, Roger Finke
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Religious Plurality at Princely Courts

Early modern European monarchies legitimized their rule through dynasty and religion, and ideally the divine right of the ruler corresponded with the confession of the territory. It has thus been assumed that at princely courts only a single confession was present.
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How Should Courts Approach Religious Litigation?

2018
This chapter suggests that the proposed theory of human rights has important implications for those who are involved in religious litigation, both on the religious side of the debates, for those on the human rights side of the debates, and for the courts which need to adjudicate such disputes.
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State Legal Pluralism and Religious Courts

2020
Abstract In a seminal 1986 article, John Griffiths argues that state legal pluralism, as opposed to state/nonstate legal pluralism, is “weak” legal pluralism. State legal pluralism refers to the coexistence of and interaction of distinctive legal systems which are nonetheless administered by the state; that is, the coexistence of state ...
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Can American Courts Respect Religious Reasoning?

Harvard Theological Review, 2017
In 1977, legal philosopher Ronald Dworkin published Taking Rights Seriously, and it quickly received wide notice. At the time recently appointed H.L.A. Hart's successor at Oxford, Dworkin combined jurisprudential analysis with pointed commentary on United States Supreme Court cases, the latter developed principally in essays in the New York Review of ...
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Religious Law and Secular Courts

University of Pennsylvania Law Review, 1977
Stephen R. Goldstein, Izhak Englard
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Religious Courts

2023
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