Part of the Religion Law Commons

Works in Religion Law

2023

Clark Memorandum: Spring 2023, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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2022

Clark Memorandum: Fall 2022, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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The Parishioner & The Probationer: Make Probation Non-Profit Again, James Rex Lee
BYU Law Review

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Back to the Sources? What’s Clear and Not So Clear About the Original Intent of the First Amendment, John Witte Jr.
BYU Law Review

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Liberalism, Catholic Integralism, and the Question of Religious Freedom, Xavier Foccroulle Ménard, Anna Su
BYU Law Review

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Praying for America: The Anti-Theocracy and Equal Status Principles of the Free Exercise, Equal Protection and Establishment Clauses, Corey Brettschneider
BYU Law Review

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Separated at Baptism: What the Mortara Case Can Teach Us About the Rejection of Natural Justice by Integralists and Progressives, Francis J. Beckwith
BYU Law Review

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Political Partisanship and Sincere Religious Conviction, Mark Satta
BYU Law Review

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A Call for State Legislators to Reconsider Their Stance on School Choice and School Funding, Leah Blake
Brigham Young University Journal of Public Law

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Giving Hardison the Hook: Restoring Title VII’s Undue Hardship Standard, Kade Allred
Brigham Young University Journal of Public Law

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2021

Christianity, Human Rights, and Dignity: Squaring the Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk
BYU Law Review

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Human Dignity Has No Borders: Respecting the Rights of “People on the Move” and the Rights and Religious Freedom of Those Who Aid Them, Christine M. Venter
BYU Law Review

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Christian Faith-Based Organizations as Third Party Interveners at the European Court of Human Rights, Eugenia Relaño Pastor
BYU Law Review

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Christian Accounts of Religious Liberty: Two Views of Conscience, Joel Harrison
BYU Law Review

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Christian Dignity and the Overlapping Consensus, Frederick Mark Gedicks
BYU Law Review

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The Rise and Fall of Human Dignity, Nicholas Aroney
BYU Law Review

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Russian Symphonia vs. Rule of Law?, Mikhail Antonov
BYU Law Review

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Friends of the Court: Christian Conservative Arguments on Human Dignity Before the U.S. Supreme Court and the European Court of Human Rights, Pasquale Annicchino
BYU Law Review

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Catholicism, Liberalism, and Populism, Andrea Pin, Luca P. Vanoni
BYU Law Review

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Clark Memorandum: Spring 2021, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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Dignity and Discrimination, Frederick Mark Gedicks
BYU Law Review

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2020

With an Even Hand: The Call for Pakistan’s Executive Task Force for Religious Tolerance, J. Clifford Wallace
BYU Law Review

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Clark Memorandum: Spring 2020, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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Faithfully Enforcing the Religious Liberty Guarantees of the Northwest Territory States, Allan W. Vestal
Brigham Young University Journal of Public Law

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2019

Clark Memorandum: Fall 2019, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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The Case of the Exemption Claimants: Religion, Conscience, and Identity, Steven D. Smith
BYU Law Review

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Native American Religious Freedom as a Collective Right, Michael D. McNally
BYU Law Review

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"To the Person": RFRA's Blueprint for a Sustainable Exemption Regime, Tanner Bean
BYU Law Review

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Religion in Judicial Decision-Making: An Empirical Analysis, René Reyes, Jessica W. Reyes
BYU Law Review

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Mormon Profit: Brigham Young, Tithing, and the Bureau of Internal Revenue, Samuel D. Brunson
BYU Law Review

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Immigration Law's Looming RFRA Problem can be Solved by RFRA, Stephanie Acosta Inks
BYU Law Review

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The Broader Implications of Masterpiece Cakeshop, Douglas Laycock
BYU Law Review

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A Rhetorical Revolution: the antithesis of the First Amendment, Eimi Priddis Yildirim
Brigham Young University Journal of Public Law

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Clark Memorandum: Spring 2019, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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2018

Taking a Day off to Pray: Closing Schools for Religious Observance in Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Brigham Young University Education and Law Journal

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Clark Memorandum: Fall 2018, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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The Intertwined Existence of Families and Religion, Lynn D. Wardle
Brigham Young University Journal of Public Law

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The Intertwined Existence of Families and Religion, L. Steven Brooks
Brigham Young University Journal of Public Law

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Clark Memorandum: Spring 2018, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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2017

Who Decides? The Title IX Religious Exemption and Administrative Authority, Elise S. Faust
BYU Law Review

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Why Religious Freedom? Why the Religiously Committed, the Religiously Indifferent, and Those Hostile to Religion Should Care, Brett G. Scharffs
BYU Law Review

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The Interplay of Majority and Minority Religious Rights and the Role of the Judiciary, Justice Tassaduq Hussain Jillani
BYU Law Review

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The Agreements Between Church and State: The Italian Perspective, Elena Ervas
BYU Law Review

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Freedom of Religion in India: Current Issues and Supreme Court Acting as Clergy, Faizan Mustafa, Jagteshwar Singh Sohi
BYU Law Review

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The European Union and Freedom of Religion or Belief: A New Momentum, Ján Figel’
BYU Law Review

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Rethinking Religious Exemptions from Title IX After Obergefell, Cara Duchene
Brigham Young University Education and Law Journal

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A Muslim Registry: The Precursor to Internment?, Sahar F. Aziz
BYU Law Review

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Clark Memorandum: Spring 2017, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society of the J. Reuben Clark Law School
The Clark Memorandum

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2016

Human Rights, Religious Freedom, and Peace, David Little
BYU Law Review

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The Legal Revolution Against the Place of Religion: The Case of Trinity Western University Law School, Barry W. Bussey
BYU Law Review

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The Accreditation of Religious Law Schools in Canada and the United States, John Boersma
BYU Law Review

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Religious Freedom in Faith Based Educational Institutions in the Wake of Obergefell v. Hodges: Believers beware, Charles J. Russo
Brigham Young University Education and Law Journal

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Clark Memorandum: Spring 2016, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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Religious Majorities and Restrictions on Religion, Brett G. Scharffs
Faculty Scholarship

Codifying Commonsense: Religious viewpoint antidiscrimination acts and the free speech rights they protect, Brandon Harvard Riches
Brigham Young University Education and Law Journal

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Be Careful What You Wish for: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
BYU Law Review

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2015

Clark Memorandum: Fall 2015, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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Mergens v. Westside Community Schools at Twenty-Five and Christian Legal Society v. Martinez: From Live and Let Live to My Way or the Highway?, Charles J. Russo
Brigham Young University Education and Law Journal

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Prohibition of Indoctrination in Education — A Look at the Cse Law of the European Court of Human Rights, Fernando Méndez Powell
Brigham Young University Education and Law Journal

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An Incurable Malaise: Commonwealth v. Australian Capital Territory and Baskin v. Bogan as Symptoms of Early-Onset Dystopia, Neville Rochow
BYU Law Review

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Commandments, Crosses, & Prayers: The Roberts Court’s Approach to Public Religion, Zachary D. Smith
BYU Law Review

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Keynote Address, Orrin G. Hatch
BYU Law Review

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Church-State Entanglement at Religiously Affiliated Charter Schools, Janet R. Decker, Kari A. Carr
Brigham Young University Education and Law Journal

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The Very Old New Separationism, Alan M. Hurst
BYU Law Review

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2014

Press Definition and the Religion Analogy, RonNell Andersen Jones
Faculty Scholarship

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Institutional Religious Exemptions: A Balancing Approach, Leilani N. Fisher
BYU Law Review

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The Justification of Human Rights, David Little
BYU Law Review

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Does Europe Need Neutrality? The Old Continent in Search of Identity, Andrea Pin
BYU Law Review

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"And Should the First be Last?", Malcolm D. Evans
BYU Law Review

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A Broken System: Failures of the Religious Regulatory System in the People’s Republic of China, Carl Hollan
BYU Law Review

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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

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Freedom of Religion under the European Convention on Human Rights: A Precious Asset, Françoise Tulkens
BYU Law Review

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Ideologically Oriented Enterprises Faced with the Reconfiguration of Ethics and Spiritual Management, Louis-Léon Christians
BYU Law Review

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The Unnecessary and Restrictive Constitutional Amendments Concerning Religious Freedom in Mexico, Javier Saldaña Serrano
BYU Law Review

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The Unconstitutionality of Religious Vilification Laws in Australia: Why Religious Vilification Laws are Contrary to the Implied Freedom of Political Communication Affirmed in the Australian Constitution, Augusto Zimmerman Dr.
BYU Law Review

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Religious Associational Rights and Sexual Conduct in South Africa: Towards the Furtherance of the Accommodation of a Diversity of Beliefs, Shaun de Freitas
BYU Law Review

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The Shinto Cases: Religion, Culture, or Both—The Japanese Supreme Court and Establishment of Religion Jurisprudence, Frank S. Ravitch
BYU Law Review

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Religion, Meaning, Truth, Life, Frederick Mark Gedicks
Faculty Scholarship

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Freedom of Religion in China Under the Current Legal Framework and Foreign Religious Bodies, Ping Xiong
BYU Law Review

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Liberal Democracy and the Right to Religious Freedom, Aldir Guedes Soriano
BYU Law Review

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RFRA Exemptions from the Contraception Mandate: An Unconstitutional Accommodation of Religion, Frederick Mark Gedicks, Rebecca G. Van Tassell
Faculty Scholarship

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2013

Clark Memorandum: Fall 2013, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

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Government Disapproval of Religion, Jay Wexler
BYU Law Review

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Preserving Religious Freedom, Dallin H. Oaks
Vol. 3: Religious Conviction

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Religions as Sovereigns: Why Religion is "Special", Elizabeth Clark
Faculty Scholarship

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Dignity, History, and Religious-Group Rights, Frederick Mark Gedicks
Faculty Scholarship

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Religious Education in the United States, Elizabeth Clark
Faculty Scholarship

Liberalism in Decline: Legislative Trends Limiting Religious Freedom in Russia and Central Asia, Elizabeth Clark
Faculty Scholarship

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True Lies: Canossa as Myth, Frederick Mark Gedicks
Faculty Scholarship

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Religious Education in the United States, Elizabeth A. Clark
Elizabeth A. Clark

2012

With Religious Liberty for All: A Defense of the Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks
Faculty Scholarship

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Redrafting of the Ukrainian Law on Religious Freedom: Ukrainian Churches vs. Ukraine's Obligation to the Council of Europe, Gennadiy Druzenko
BYU Law Review

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Hungary's New Constitution and Its New Law on Freedom of Religion and Churches: The Return of the Sovereign, Renáta Uitz
BYU Law Review

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The Case of Lautsi v. Italy: A synthesis, Grégor Puppinck
BYU Law Review

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Rising Restrictions on Religion: A Global Overview, Brian J. Grim
BYU Law Review

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Interfaith Dialogue in Spain—Religious Mediation: A Brief Analysis of Spain's Religious Liberty Law, José Ferrer Sánchez
BYU Law Review

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Indonesian Discourse on Human Rights and Freedom of Religion or Belief: Muslim Perspectives, Syamsul Arifin
BYU Law Review

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Meaning and Scope of the Restrictions Imposed by the Mexican Constitution on Ministers of Worship, Jorge Adame Goddard
BYU Law Review

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Uneven “Neutrality”: Dual Standards and the Establishment Clause in Johnson v. Poway, Eric Jeppsen
BYU Law Review

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American Atheists, Inc. v. Davenport: Endorsing a Presumption of Unconstitutionality Against Potentially Religious Symbols, Eric B. Ashcrof
BYU Law Review

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Equality in Sheep’s Clothing: The Implications of anti-Discrimination Norms for Religious Autonomy, Brett G. Scharffs
Faculty Scholarship

"'The Spirit of the Law': Religious Voices and the Constitution in Modern America", Elizabeth Clark
Faculty Scholarship

2011

Moral Mandate or Personal Preference? Possible Avenues for Accommodation of Civil Servants Morally Opposed to Facilitating Same-Sex Marriage, Matthew Chandler
BYU Law Review

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Coalition and Hegemony: Religion's Role in the Progress of Modernization in Reformed China, Zeng Chuanhui
BYU Law Review

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Freedom of Expression and Religious Sensitivities in Pluralist Societies: Facing the Challenge of Extreme Speech, Jeroen Temperman
BYU Law Review

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Law and Religion in Colombia: Legal Recognition of religious Entities, Vicente Prieto
BYU Law Review

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The Background and Contents of the Proposed South African Charter of Religious Rights and Freedoms, Rassie Malherbe
BYU Law Review

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The Tension Within the Religion Clause of the First Amendment, Thomas B. Griffith
BYU Law Review

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Secularity and Secularism in the United Kingdom: On the Way to the First Amendment, Iain McLean, Scot M. Peterson
BYU Law Review

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Religious Freedom and Its Legal Restrictions in China, Zhang Qianfan, Zhu Yingping
BYU Law Review

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Religion and Neutrality: Myth, Principle, and Meaning , Rafael Palomino
BYU Law Review

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Religion in Contemporary Legal Systems, Tahir Mahmood
BYU Law Review

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Substantially Burdened, Substantially in Conflict, or Substantially Unneeded? A Discussion of Abdulhaseeb v. Calbone, D. Evan Pack
BYU Law Review

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Ignoring Purpose, Context, and History: The Tenth Circuit Court in American Atheists, Inc. v. Duncan, Steven Michael Lau
BYU Law Review

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Missed Opportunity or Dodged Bullet? The Tenth Circuit’s Non-decision in Rocky Mountain Christian Church v. Board of County Commissioners, James C. Dunkelberger
BYU Law Review

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Goldilocks and the Three-Judge Panel: Spencer v. World Vision, Inc. and the Religious Organization Exemption of Title VII, Brandon S. Boulter
BYU Law Review

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Employment, Sexual Orientation, and Religious Beliefs: Do Religious Educational Institutions Have a Protected Right to Discriminate in the Selection and Discharge of Employees?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

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Parents, Religious Convictions, and Public School Curricula, Mark Strasser
Brigham Young University Education and Law Journal

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Rights, Religion, Regard, Contact: The Common School Ideal, a Nurturing, Safe and Effective Educational Environment for All Students, Scott Ellis Ferrin
Brigham Young University Education and Law Journal

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Secularity or Secularism: Two Competing Visions for the Relationship between Religion and the State in the New Turkish Constitution, Brett G. Scharffs
Faculty Scholarship

Four Views of the Citadel: The Consequential Distinction between Secularity and Secularism, Brett G. Scharffs
Faculty Scholarship

2010

Expensive Speech: Citizens United v. FEC and the Free Speech Rights of Tax-Exempt Religious Organizations, Brandon S. Boulter
BYU Law Review

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Summum, the Vocality of Public Places, and the Public Forum, Timothy Zick
BYU Law Review

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Pick Your Poison: Private Speech, Government Speech, and the Special Problem of Religious Displays, RonNell Andersen Jones
BYU Law Review

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Defamation of Religions: A Vague and Overbroad Theory that Threatens Basic Human Rights, Allison G. Belnap
BYU Law Review

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Religion and Law in Nepal , Kanak Bikram Thapa
BYU Law Review

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Islam and Religious Freedom: Role of Interfaith Dialogue in Promoting Global Peace , Tayseir M. Mandour
BYU Law Review

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Secularity and Freedom of Religion in Senegal: Between a Constitutional Rock and a Hard Reality, Fatou Kiné Camara, Abdourahmane Seck
BYU Law Review

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Feels Like Déjà Vu: An Australian Bill of Rights and Religious Freedom, Paul Babie, Neville Rochow
BYU Law Review

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Catholic League for Religious and Civil Rights v. City of San Francisco: How the Ninth Circuit Abandoned Judicial Neutrality to Strike a Blow at Religion , Jonathan W. Heaton
BYU Law Review

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Passive Acknowledgement or Active Promotion of Religion? Neutrality and the Ten Commandments in Green v. Haskell, Stephanie Barclay
BYU Law Review

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Victory for Clergy Sexual Abuse Victims: The Ninth Circuit Strips the Holy See of Foreign Sovereign Victory for Clergy Sexual Abuse Victims: The Ninth Circuit Strips the Holy See of Foreign Sovereign Immunity in Doe v. Holy See, Edan Burkett
BYU Law Review

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In Search of New Believers: How the Guatemalan Religious Panorama Has Changed in Recent Decades, Hugo Leonel Ruano
BYU Law Review

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When Government Expression Collides with the Establishment Clause, Martha McCarthy
Brigham Young University Education and Law Journal

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The NCAA and Religion: Insights About Non-State Governance from Sunday Play and End Zone Celebrations, Kevin J. Worthen
Faculty Scholarship

Comparative Models for Transitioning from Religious to Civil Marriage Systems, Brett G. Scharffs
Faculty Scholarship

Religious Liberty and Religious Minorities in the United States, Elizabeth Clark
Faculty Scholarship

Undoing Neutrality?: From Church-State Separation to Judeo-Christian Tolerance, Frederick Mark Gedicks
Faculty Scholarship

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Creation and Preservation in the Constitution of Civil Religion, Brett G. Scharffs
Faculty Scholarship

2009

The Relevance of Religious Freedom, Michael K. Young
Vol. 2: Service & Integrity

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The Doctrine of Religious Freedom, W. Cole Durham Jr.
Vol. 2: Service & Integrity

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Understanding the Lobbying Efforts of a Church: How Far Is Too Far?, Chase Manderino
BYU Law Review

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The Protection of Religious Freedom by the National Constitution and by Human Rights Treaties in the Republic of Argentina, Octavio Lo Prete
BYU Law Review

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The Colombian Experience in the Area of Protection of the Freedom of Religion, Sergio González Sandoval
BYU Law Review

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The Long Road to Religious Freedom in Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras
BYU Law Review

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The Protection of Religious Rights Under Australian Law , Denise Meyerson
BYU Law Review

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Religion and Rule of Law in China Today, Zhuo Xinping
BYU Law Review

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Introduction to Symposium: International Protection of Religious Freedom: National Implementation,
BYU Law Review

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The Implementation of Inter-American Norms on Freedom of Religion in the National Legislation of OAS Member States, Evaldo Xavier Gomes
BYU Law Review

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Laity and Laicism: Are These Catholic Categories of Any Use in Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro
BYU Law Review

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Svato-Mykhaylivska Parafiya v. Ukraine: A Thing Done by Halves? , Gennadiy Druzenko
BYU Law Review

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Confession and Mandatory Child Abuse Reporting: A New Take on the Constitutionality of Abrogating the Priest-Penitent Privilege, Samuel G. Brooks
Brigham Young University Journal of Public Law

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Parental Rights and the State Regulation of Religious Schools, Matthew Steilen
Brigham Young University Education and Law Journal

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2008

RLUIPA and Eminent Domain: Probing the Boundaries of Religious Land Use Protection, Matthew Baker
BYU Law Review

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Religious Freedom in Kosovo: Prenatal Care to a New Nation, Kyle Woods
BYU Law Review

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Freedom of Religion, Religious Political Participation, and Separation of Religion and State: Legal Considerations from Japan, Keiko Yamagishi
BYU Law Review

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Ministers of Religion in Chilean Law, M. Elena Pimstein
BYU Law Review

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The Immutability of Divine Texts, Liaquat Ali Khan
BYU Law Review

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Inter-Religious Marriage from Socio-Historical Islamic Perspectives, Noryamin Aini
BYU Law Review

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Religious Symbols in the Classroom: A Controversial Issue in the United Kingdom, Javier Garcia Oliva
BYU Law Review

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Grappling with Religious Differences in South Africa: A Draft for a Charter of Religious Rights, Pieter Coertzen
BYU Law Review

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School Vouchers, Thomas Jefferson, Roger Williams, and Protecting the Faithful: Warnings from the Eighteenth Century and the Seventeenth Century on the Danger of Establishments to Religious Communities, Paul Finkelman
BYU Law Review

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The Insignificance of the Blaine Amendment, Steven K. Green
BYU Law Review

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Why the Supreme Court Changed Its Mind About Government Aid to Religious Institutions: It's a Lot More than Just Republican Appointments, Douglas Laycock
BYU Law Review

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Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, BYU Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum

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Ball on a Needle: Hein v. Freedom from Religion Foundation, Inc. and the Future of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle
BYU Law Review

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The Pledge of Allegiance in the Classroom and the Court: An Epic Struggle over the Meaning of the Establishment Clause of the First Amendment, Brian Wheeler
Brigham Young University Education and Law Journal

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Three Questions About Hybrid Rights and Religious Groups, Frederick Mark Gedicks
Faculty Scholarship

2007

Religious Accommodation in Japan, Eiichiro Takahata
BYU Law Review

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Legal Aspects of Church-State Relations in Post-Revolutionary Georgia, Khatuna Tsintsadze
BYU Law Review

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Keynote Address: After Twenty-five Years, Robert A. Seiple
BYU Law Review

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Mexican Legislation on Religion and the 1981 Declaration on Intolerance and Discrimination, Raul Gonzalez Schmal
BYU Law Review

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The "Direct" Financing of Religious Minorities in Spain, Jose Maria Contreras Mazario
BYU Law Review

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Tolerance and Religious Freedom: The Struggle in Peru To Tolerate Multiple Cultures in Light of Principles of Religious Freedom, Carlos Valderrama Adriansen
BYU Law Review

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One Nation, Under … The Watchmaker?: Intelligent Design and the Establishment Clause, Nicholas A. Shuneman
Brigham Young University Journal of Public Law

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Constitution, Custom, and Creed: Balancing Human Rights Concerns with Cultural and Religious Freedom in Today's South Africa, Erin E. Goodsell
Brigham Young University Journal of Public Law

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Preaching from the State's Podium: What Speech is Proselytizing Prohibited by the Establishment Clause?, Christian M. Keiner
Brigham Young University Journal of Public Law

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The Bronx Household of Faith: Looking at the Unanswered Questions, Kevin Fiet
Brigham Young University Education and Law Journal

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Uncivil Religion: Judeo-Christianity and the Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship

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2006

The Questionable Grounds of Objections to Proselytism and Certain Other Forms of Religious Expression, Paul M. Taylor
BYU Law Review

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Religious Freedom and Democratic Change in Spain, Javier Martinez-Torron
BYU Law Review

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Religion, Law, and Judiciary in Modern India, Tahir Mahmood
BYU Law Review

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Democracy and Islam: An Odyssey in Braving the Twenty-First Century, Justice Tassaduq Hussain Jillani
BYU Law Review

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Church-State Relations in the European Court of Human Rights, Carolyn Evans, Christopher A. Thomas
BYU Law Review

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Religious Law and Secular Law in Democracy: The Evolutions of the Roman Catholic Doctrine After the Second Vatican Council, Louis-Leon Christians
BYU Law Review

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Reflections on the Path of Religion-State Relations in New Zealand, Rex J. Ahdar
BYU Law Review

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Religious Freedom and Human Rights in South Africa After 1996: Responses and Challenges, Cornel W. du Toit
BYU Law Review

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Predator in the Primary: Applying the Tort of Negligent Hiring to Volunteers in Religious Organizations, Morgan Fife
BYU Law Review

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Establishment Clause Jurisprudence and the Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument for the Constitutionality of God in the Public Square, Carolyn A. Deverich
BYU Law Review

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Political Silence at Church: The Empty Threat of Removing Tax-Exempt Status for Insubstantial Attempts To Influence Legislation, David M. Andersen
BYU Law Review

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Religious Exemptions, Formal Neutrality, and Laïcité, Frederick Mark Gedicks
Faculty Scholarship

Religions, Fragmentations, and Doctrinal Limits, Frederick Mark Gedicks
Faculty Scholarship

2005

There Is Nothing Light About Feathers: Finding Form in the Jurisprudence of Native American Religious Exemptions, James R. Dalton
BYU Law Review

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China's New Regulations on Religion: A Small Step, Not a Great Leap, Forward, Eric R. Carlson
BYU Law Review

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The Flawed Implementation of the International Religious Freedom Act of 1998: A European Perspective, Eugenia Relano Pastor
BYU Law Review

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Religion in the Public Sphere: Challenges and Opportunities in Japan, Hiroaki Kobayashi
BYU Law Review

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Rethinking the Role of Religion in Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett
BYU Law Review

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Religion in the Public Sphere: Challenges and Opportunities in Ghanaian Lawmaking, 1989-2004, Elom Dovlo
BYU Law Review

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Religion in the Public Sphere: Challenges and Opportunities, Blandine Chelini-Pont
BYU Law Review

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Challenges and Opportunities Facing Religious Freedom in the Public Square, Judge J. Clifford Wallace
BYU Law Review

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Religious Monopolies and the Commodification of Religion, Brett G. Scharffs, Shima Baradaran-Robison, Elizabeth A. Sewell
Faculty Scholarship

Religious Monopolies and the Commodification of Religion, Brett Scharffs, Shima Baradaran, Elizabeth Sewell (Clark)
Faculty Scholarship

Incarceration of the Free Exercise Clause: The Sixth Circuit's Misstep in Cutter v. Wilkinson, James B. McMullin
Brigham Young University Journal of Public Law

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Defining "Religion", W. Cole Durham Jr., Elizabeth Clark
Faculty Scholarship

The Permissible Scope of Legal Limitations on the Freedom of Religion or Belief in the United States, Frederick Mark Gedicks
Faculty Scholarship

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Eagle Feathers and Equality: Lessons on Religious Exceptions from the Native American Experience, Kevin J. Worthen
Faculty Scholarship

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2004

Sexual Misconduct and Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
BYU Law Review

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An Itty· Bitty Immunity and Its Consequences for The Church of Jesus Christ of Latter·day Saints: A Response to Professors Lupu and Tuttle, Cheryl B. Preston
BYU Law Review

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Separation, Neutrality, and Clergy Liability for Sexual Misconduct, William P. Marshall
BYU Law Review

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Continuing the Lord's Work and Healing His People: A Reply to Professors Lupu and Tuttle, Mark E. Chopko
BYU Law Review

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"Omalous" Autonomy, Perry Dane
BYU Law Review

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Thoughts on Smith and Religious-Group Autonomy, Laura S. Underkuffler
BYU Law Review

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Religious Organizations and Free Exercise: The Surprising Lessons of Smith, Kathleen A. Brady
BYU Law Review

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Dissent and Disestablishment: The Church-State Settlement in the Early American Republic, Carl H. Esbeck
BYU Law Review

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More or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
BYU Law Review

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The Voluntary Principle and Church Autonomy, Then and Now, Thomas C. Berg
BYU Law Review

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Defending a Rule of Institutional Autonomy on "No-Harm" Grounds, Mark Tushnet
BYU Law Review

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The Autonomy of Church and State, Brett G. Scharffs
BYU Law Review

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Religious Institutions, the No-Harm Doctrine, and the Public Good, Marci A. Hamilton
BYU Law Review

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Introduction, Kevin J. Worthen
BYU Law Review

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Three Concepts of Church Autonomy, Ronald R. Garet
BYU Law Review

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Unity of the Graveyard and the Attack on Constitutional Secularism, Steven G. Gey
BYU Law Review

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The Establishment Clause Gag Reflex, Frederick Mark Gedicks
BYU Law Review

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The Supreme Court's Rhetorical Hostility: What Is "Hostile" to Religion Under the Establishment Clause?, Frank S. Ravitch
BYU Law Review

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Introduction, Brett G. Scharffs
BYU Law Review

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Religious Pluralism, Cultural Differences, and Social Stability in Nigeria, Rose C. Uzoma
BYU Law Review

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The German Headscarf Debate, Axel Frhr. von Campenhausen
BYU Law Review

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Church-State Relations and the Legal Status of Religious Communities in Slovenia, Lovro Sturm
BYU Law Review

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Religious Pluralism in Spain: Striking the Balance Between Religious Freedom and Constitutional Rights, Augustin Motilla
BYU Law Review

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The Menace of Neutrality in Religion, Gabriel A. Moens
BYU Law Review

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New Religious Movements and the Problem of Extremism in Modern Russia, Veronika V. Kravchouk
BYU Law Review

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Religious Freedom and Laicite: A Comparison of the United States and France, T.Jeremy Gunn
BYU Law Review

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Advances in Religious Liberty in Peru, Guillermo Garcia-Montufar, Moises Arata Solis, Scott E. Isaacson
BYU Law Review

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Individual Religious Freedom and National Security in Europe After September 11, Silvio Ferrari
BYU Law Review

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China's Socioeconomic Changes and the Implications for the Religion-State Dynamic in China, Kim-Kwong Chan
BYU Law Review

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Given by Senator Orrin G. Hatch Before the Tenth Annual International Law and Religion Symposium, Orrin G. Hatch
BYU Law Review

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Adding Marks to the Mix of an Already Muddled Decision Regarding Public Forums and Freedom of Speech on the Internet , Tyson Snow
Brigham Young University Journal of Public Law

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Access to Public School Facilities for Religious Expression by Students, Student Groups and Community Organizations: Extending the Reach of the Free Speech Clause, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

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The Supreme Court and Pledge of Allegiance: Does God Still Have a Place in American Schools?, Charles J. Russo
Brigham Young University Education and Law Journal

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Reconstructing the Blaine Amendments, Frederick Mark Gedicks
Faculty Scholarship

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A Comparative Analysis of Religious Association Laws in Post-Communist Europe, W. Cole Durham Jr., Elizabeth Clark, Natalie Peterson
Faculty Scholarship

2003

Proselytizers, Pamphleteers, Pests, and Other First Amendment Champions: Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton, Kathryn Lusty
Brigham Young University Journal of Public Law

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Russia's War on Political and Religious Extremism: An Appraisal of the Law "On Counteracting Extremist Activity", J. Brian Gross
BYU Law Review

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The Relationship of Church and State in Belarus: Legal Regulation and Practice, Alexander Vashkevich
BYU Law Review

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Reflections on the Right to Religious Freedom in Peru, Carlos Valderrama Adriansen
BYU Law Review

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New Impulses in the Interaction of Law and Religion: The Fiji Human Rights Commission in Context, Shaista Shameem
BYU Law Review

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Achievements and Future Goals of the Government of Serbia in the Field of Religious Freedom, Dusan Rakitic
BYU Law Review

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New Impulses in the Interaction of Law and Religion: A South Pacific Perspective, Don Paterson
BYU Law Review

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Standing with the Persecuted: Adjudicating Religious Asylum Claims After the Enactment of the International Religious Freedom Act of 1998, Craig B. Mousin
BYU Law Review

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Secularism and French Religious Liberty: A Sociological and Historical View, Jean Bauberot
BYU Law Review

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State, Islam, and Religious Liberty in Modern Turkey: Reconfiguration of Religion in the Public Sphere, Talip Kucukcan
BYU Law Review

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Protected from Their Own Beliefs: Religious Objectors and Paternalistic Laws, Adam Fraser
Brigham Young University Journal of Public Law

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A Brief Overview of Law and Religion in the People's Republic of China, Chen Huanzhong
BYU Law Review

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Religious Liberty and French Secularism, Jacques Robert
BYU Law Review

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Religious Music in the Public Schools: A Guide for School Districts, Brian A. Whitaker
Brigham Young University Education and Law Journal

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Making a Case for a Age-Sensitive Establishment Clause Test, Chelsea Chaffee
Brigham Young University Education and Law Journal

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The Virginia Founders and the Birth of Religious Liberty, W. Cole Durham Jr., Elizabeth Clark
Faculty Scholarship

Restorative Justice and the Two-Track Establishment Clause, Frederick Mark Gedicks
Faculty Scholarship

2002

The Story of a Forgotten Battle: Reviewing The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth Century America, Nathan B. Oman
BYU Law Review

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Biblical Law in America: Historical Perspectives and Potentials for Reform, John W. Welch
BYU Law Review

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Freedom of Religious Association: The Right of Religious Organizations to Obtain Legal Entity Status Under the European Convention, Lance S. Lehnhof
BYU Law Review

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How Secrets Are Kept: Viewing the Current Clergy-Penitent Privilege Through a Comparison with the Attorney-Client Privilege, Shawn P. Bailey
BYU Law Review

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Religion, Church, and State in the Post-Communist Era: The Case of Ukraine (with Special References to Orthodoxy and Human Rights Issues), Victor Yelensky
BYU Law Review

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Mexico and the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Jose Luis Soberanes Fernandez
BYU Law Review

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Religious Freedom Issues in Hungary, Balazs Schanda
BYU Law Review

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Religion in Turkey, Niyazi Oktem
BYU Law Review

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Contemporary Discussions on Religious Minorities in Islam, Jorgen S. Nielsen
BYU Law Review

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Religious Freedom in the Argentine Republic: Twenty Years After the Declaration on the Elimination of Intolerance and Religious Discrimination, Juan G. Navarro Floria
BYU Law Review

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The Effect of International Treaties on Religious Freedom in Mexico, Ricardo Hernandez-Forcada
BYU Law Review

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Relations Benveen the State and Religious Communities in the Federal Republic of Yugoslavia, Boris Milosavljevic
BYU Law Review

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Freedom of Religion in Context, Guy Haarscher
BYU Law Review

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The Attitude of Belgian Authorities Toward New Religious Movements, Adelbert Denaux
BYU Law Review

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Religious Freedom and the Challenge of Terrorism, Gordon H. Smith
BYU Law Review

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Religious Liberty in Pakistan: Law, Reality, and Perception (A Brief Synopsis), Farooq Hassan
BYU Law Review

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The Evolution of Religious Freedom as a Universal Human Right: Examining the Role of the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Derek H. Davis
BYU Law Review

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Caught Between the Scylla and Charybdis: Ameliorating the Collision Course of Sexual Orientation Anti-Discrimination Rights and Religious Free Exercise Rights in the Public Workplace, Josiah N. Drew
Brigham Young University Journal of Public Law

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A Two-Track Theory of the Establishment Clause, Frederick Mark Gedicks
Faculty Scholarship

2001

Clark Memorandum: Fall 2001, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum

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The Icon and the Tracts: A Restrained Renaissance of Religious Liberty in Ukraine, John Moroz Smith
BYU Law Review

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Islam in Russia Under the Federal Law on Freedom of Conscience and on Religious Associations: Official Tolerance in an Intolerant Society, R. Christopher Preston
BYU Law Review

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The Framers' Establishment Clause: How High the Wall?, J. Clifford Wallace
BYU Law Review

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Freedom of Religion in the Case Law of the Spanish Constitutional Court, Javier Martinez-Torron
BYU Law Review

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Perspectives on Religious Freedom in Spain, Jose Antonio Souto Paz
BYU Law Review

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Religious Freedom in Germany, Gerhard Robbers
BYU Law Review

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Religious Freedom and Legislation in Post-Soviet Estonia, Ringo Ringvee
BYU Law Review

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Religious Pluralism: Problems and Prospects, J. Gordon Melton
BYU Law Review

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Religious Freedom, Separation of Powers, and the Reversal of Roles, Michael W. McConnell
BYU Law Review

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Does the Human Right to Freedom of Conscience, Religion, and Belief Have Special Status?, David Little
BYU Law Review

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An Attempt at Modernization: The New Bulgarian Legislation in the Field of Religious Freedom, Atanas Krussteff
BYU Law Review

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Regulation of Religious Proselytism in the United States, Howard O. Hunter, Polly J. Price
BYU Law Review

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Religious Freedom: Russian Constitutional Principles-Historical and Contemporary, Nikolas K. Gvosdev
BYU Law Review

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Perspectives on Freedom of Conscience and Religion in the Jurisprudence of Constitutional Courts, Leszek Lech Garlicki
BYU Law Review

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Freedom of or Freedom from Religion? An Overview of Issues Pertinent to the Constitutional Protection of Religious Rights and Freedom in "the New South Africa", Lourens du Plessis
BYU Law Review

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The Religious Freedom and Legal Status of Churches, Religious Organizations, and New Religious Movements in the Slovak Republic, Martin Dojcar
BYU Law Review

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Religious Liberty at Home and Abroad: Reflections on Protecting this Fundamental Freedom, Orrin G. Hatch
BYU Law Review

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Chandler v. James: A Student's Right of Prayer in Public Schools, Howard M. Baik
Brigham Young University Journal of Public Law

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A Constitutional Examination of the Federal Exemptions for Native American Religious Peyote Use, Christopher Parker
Brigham Young University Journal of Public Law

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In the Wake of Lee v. Weisman: The Future of School Graduation Prayer is Uncertain at Best, Stephen M. Durden
Brigham Young University Education and Law Journal

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Preserving the Establishment Clause: One Step Forward and Two Steps Back, Martha McCarthy
Brigham Young University Education and Law Journal

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The Supreme Court and the Establishment Clause at the Dawn of the New Millennium: "Bristl[ing] with Hostility to All Things Religious" or Necessary Seperation of Church and State?, Charles J. Russo, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

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