Articles

Religious Pluralism, Difference and Social Stability

China s Socioeconomic Changes and the Implications for the Religion-State Dynamic in China

I. Introduction II. The WTO And General Social Changes A. A Brief History Of China's Experience With Market Capitalism B. The General Impact of China's Accession to the WTO 1. Changes in social classification and economic diversity 2. Central and western regions: changes in the agriculture sector 3. Northeastern region: impact on heavy industry 4. Coastal region: effects on light industry III. Implication On Religious Dynamics A. Religion as a Source of Stability B. Influence from Foreign N...

Individual Religious Freedom and National Security in Europe After September 11

I. Introduction II. Religion And Security After September 11 A. Government Creation of New Laws Restricting Fundamental Rights B. Government Scrutinization of Religious Organizations C. Government Intrusion into Religious Beliefs III. Legal Provisions Affecting Religion A. U.K. Terrorism Act 2000: Fighting Religious Terrorism 1. The Act's definition of terrorism is too broad 2. The Act gives a government the discretionary power to proscribe terrorist organizations B. Banning Extremist Religio...

Advances in Religious Liberty in Peru

I. Introduction II. The Concept Of Generations Of Human Rights A. Three Generations of Human Rights B. The Relationship Between the Three Generations and Religion III. How Peru Has Traditionally Dealt With The Freedom Of Religion A. Peru's General Views Regarding Religion and Religious Rights 1. Secularism 2. Religious Liberty in the Constitution B. Peru's Treatment of the Catholic Church Compared to Peru's Treatment of Other Religions 1. Agreements 2. Independence and autonomy 3. Financial s...

Religious Freedom and Laïcité: A Comparison of the United States and France

I. Introduction II. National Identities And Founding Myths: Laïcité In The French Republic And Religious Freedom In The United States A. Laïcité as a Founding Myth of the French Republic B. Religious Freedom as an American Founding Myth III. Corrections Of Assumptions Underlying The Historical Origins Of Laïcité And Religious Freedom A. The Historical Roots of Laïcité 1. The first wave: the French Revolution 2. The second wave: the Third Republic B. The Historical Roots of Religious Freedom I...

New Religious Movements and the Problem of Extremism in Modern Russia

I. Introduction II. The Changing Religious Landscape In Russia A. Russia's Religious Heritage B. New Religious Movements in Modern Russia C. Problems of New Religious Movements 1. Extremism 2. Other problems D. Government Response to New Religious Movements III. The Difficulty Of Identifying Extremism In New Religious Movements A. Distinguishing Between Potentially Dangerous and Peaceful New Religious Movements 1. Length of existence 2. Tendencies to preserve territorial and/or group isolatio...

The Menace of Neutrality in Religion

I. Introduction II. Separation Of Church And State A. The Original Meaning of the Establishment Clause B. Everson: The Wall Between Church and State III. The Development Of The Neutrality Principle A. A History of the Neutrality Principle: Variants on a Theme 1. The Lemon test 2. The Endorsement Test 3. The neutrality principle 4. The "coercion" test B. The Newest Wave of Neutrality Decisions 1. Zelman: Neutrality And Free Choice 2. Locke V. Davey, The Supreme Court's Most Recent Funding Deci...

Religious Pluralism in Spain: Striking the Balance Between Religious Freedom and Constitutional Rights

I. Introduction II. Trademark Dilution A. The Inadequacy of Trademark Infringement Law B. Trademark Dilution C. Types of Dilution 1. Dilution by blurring 2. Dilution by tarnishment D. The Need for a Federal Law Prohibiting Tarnishment 1. Dilution by blurring alone provides insufficient protection for trademarks 2. State dilution statutes and trademark infringement law do not provide adequate protection against dilution by tarnishment III. The Evolution Of Trademark Dilution A. The Birth of Di...

Church-State Relations and the Legal Status of Religious Communities in Slovenia

I. Introduction II. Historical And Sociological Overview III. Religious Liberties Under The Slovenian Constitution A. Freedom of Conscience B. Right of Conscientious Objection C. Right to Peaceful Assembly and Free Association D. Freedom from Discrimination IV. Legislation Regarding Religious Communities A. The Legal Status of Religious Communities 1. Religious profession 2. Separation of church and state 3. Registration of religious communities B. Religion and Education 1. The Education Act ...

Religious Pluralism, Cultural Differences, and Social Stability in Nigeria

I. Religious Pluralism In Nigeria A. Cultural Conflicts Created by the Introduction of Christianity B. Differences Among Islamic Sects 1. Introduction of Islam into Nigeria 2. Islamic sects C. Indigenous African Beliefs II. The Church-State Relationship III. Religious Differences A. Conflicts Between Christianity and Islam B. Conflicts Between Christianity, Islam, and Indigenous Beliefs IV. Shari'a Criminal Law A. Introduction of Shari'a Criminal Law B. Conflicts Between Shari'a Criminal Law ...

The German Headscarf Debate

I. Introduction II. The Headscarf Decision A. The History of the Headscarf Decision B. The Majority Opinion in the German Headscarf Decision C. The Dissenting Opinion III. Analysis Of The Flawed Majority Opinion In The Headscarf Decision A. Why the Court Got It Wrong 1. Deciding not to decide 2. Contradicting prior case law and departing from foundational principles 3. Catering to politics and special interests B. Why the Dissent Got It Right IV. Headscarves In France A. Background to France'...

Comments

So You ve Been Preempted-What Are You Going to Do Now?: Solutions for States Following Federal Preemption of State Predatory Lending Statutes

I. Introduction II. What Is Predatory Lending And Why Is It Harmful? A. Defining Predatory Lending B. Why Is Predatory Lending a Problem? III. Federal Preemption Of The Gfla And Other State Laws: The Door Is Open A. The OCC's Preemption of the GFLA 1. Background 2. Rationale for the OCC's decision 3. Scope of the OCC's determination B. The OTS Preemption Determinations C. Why Exclusive Federal Regulation of Predatory Lending Is Insufficient IV. Solutions For States In The Face Of Federal Pree...

Proximate Cause and Civil RICO Standing: The Narrowly Restrictive and Mechanical Approach in Lerner v. Fleet Bank and Baisch v. Gallina

I. Introduction II. The Background To Civil Rico And The Second Circuit's Doctrine Of Standing A. The Supreme Court's Standing Doctrine B. Section 1964 and Its History C. Early Attempts at Standing Restrictions and Sedima's Broad Concept of Civil RICO Standing D. Holmes V. Securities Investor Protection Corp. And Civil Rico Proximate Cause Standing E. Subsequent Decisions Following Holmes F. The Second Circuit's Decisions In Lerner v. Fleet Bank And Baisch v. Gallina III. The Second Circuit's...

Tribal Immunity from California s Campaign Contribution Disclosure Requirements

I. Introduction II. Background A. The Doctrine of Tribal Sovereignty 1. The development of tribal sovereignty 2. The modern doctrine of tribal sovereignty as it relates to nonmembers on Indian land 3. Determining when states are authorized to regulate tribes and tribal members B. Tribal Immunity from Suit C. The Political Reform Act of 1974 III. California Cases Testing The Applicability Of Tribal Immunity From Suit Under The PRA A.Fair Political Practices Commission v. Agua Caliente Band of ...

Tarnishment and the FTDA: Lessening the Capacity To Identify and Distinguish

I. Introduction II. Trademark Dilution A. The Inadequacy of Trademark Infringement Law B. Trademark Dilution C. Types of Dilution 1. Dilution by blurring 2. Dilution by tarnishment D. The Need for a Federal Law Prohibiting Tarnishment 1. Dilution by blurring alone provides insufficient protection for trademarks 2. State dilution statutes and trademark infringement law do not provide adequate protection against dilution by tarnishment III. The Evolution Of Trademark Dilution A. The Birth of Di...

Notes

The Plight of the Private Securities Litigation Reform Act in the Post-Enron Era: The Ninth Circuit s Interpretation of Materiality in Employer-Teamster v. America West

I. Introduction II. Background A. The Securities Exchange Act of 1934 1. Background 2. The standard of materiality under the 1934 Act 3. Reliance and the fraud-on-the-market theory B. The PSLRA 1. Background 2. The standard of materiality under the PSLRA 3. Reliance and the fraud-on-the-market theory under the PSLRA III. Employer-Teamster V. America West A. Factual Background B. Procedural History C. The Ninth Circuit Court of Appeals' Holding IV. Analysis: The Ninth Circuit Properly Rejected...

An Open Question in Utah s Open Courts Jurisprudence: The Utah Wrongful Life Act and Wood v. University of Utah Medical Center

I. Introduction II. Background A. The Utah Wrongful Life Act B. The Open Courts Clause Of The Utah Constitution C. The Berry Test III. Wood v. University Of Utah Medical Center A. Factual Background B. Procedural History C. The Open Courts Holding In Wood 1. The Lead And Dissenting Opinions 2. The Unusual Result 3. Precedential Value IV. Analysis A. The Standard of Review in Open Courts Cases 1. The Dissent's Open Courts Standard Of Review 2. Problems With The Dissent's Analysis 3. The Lead O...