BYU Law Review

from January 2004
Last Number: March 2008

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Nbr. 3/2005, May 2005

Articles

Marriage and the Betrayal of Perez and Loving

I. Introduction A. A Suggestion Of Betrayal B. The Structure Of The Article II. Marriage As A Social Institution III. The Ascendancy And The Dismantling Of The White Supremacists' Marriage Project A. The Ascendancy B. The Dismantling Of The Genderless Marriage Agenda 1. Perez V. Lippold 2. Loving V. Virginia IV. The Use Of The Perez/Loving Argument: Three Decades In The Courts V. Using The Institution Of Marriage As A Means, Not An End A. Evidences Of The Use Of Marriage To Achieve A Broader ...

Challenges and Opportunities Facing Religious Freedom in the Public Square

I. The Secular Value Of Religious Freedom II. Freedom In The Public Square-A Metaphor For Evaluating Religious Liberty III. A Brief Examination Of Illustrative Public Squares A. United States: Non-Discriminatory Encouragement Of Religion B. Challenges Abroad IV. Conclusion

Religion in the Public Sphere: Challenges and Opportunities

I. Introduction II. Background A. What Is The Public Sphere? B. Effects On The Role Of Religion 1. The Role Of Religion In The European Public Sphere 2. The Role Of Religion In The United States' Public Sphere III. A Commitment To Religious Freedom For Both Europe And The United States A. Europe B. United States IV. Conclusion

Religion in the Public Sphere: Challenges and Opportunities in Ghanaian Lawmaking, 1989-2004

I. Introduction II. A Brief Overview Of Politics And Religion In Ghana III. The Four Laws A. The Intestate Succession Law (Pndcl 111) Of 1985 B. Religious Bodies (Registration) Law Of 1989 (Pndcl 221) C. The Criminal Code (Amendment) Act Of 1998 D. Draft Domestic Violence Bill (2003) IV. Comparative Analysis V. Conclusion

Rethinking the Role of Religion in Changing Public Spheres: Some Comparative Perspectives

I. Introduction II. Background: The Increased Recognition Of Religion In The Public Sphere A. Academic Recognition Of Religion In The Public Sphere B. Popular Recognition Of Religion In The Public Sphere C. Diplomatic Recognition Of Religion In The Public Sphere III. Religion In U.S. Public Policy IV. Management Of Religious And Cultural Difference And The Treatment Of Minorities A. Tension Between Religion And Secularism B. Religious Pluralism V. Conclusion

Religion in the Public Sphere: Challenges and Opportunities in Japan

I. Background II. The History And Character Of Church-State Relations In Japan A. The Interrelation Of Religion, Culture, And Religious Relativism B. The Emperor In Shinto And Buddhism C. Freedom Of Religion In The Meiji Period And The Unique Position Of Shinto III. Freedom Of Religion In The Japanese Constitution A. "Freedom Of Religion" Articles In The Japanese Constitution B. Freedom Of Religion And The Separation Of Church And State IV. Criteria For The Separation Of Church And State In J...

The Flawed Implementation of the International Religious Freedom Act of 1998: A European Perspective

I. Introduction: United States Foreign Policy And Religious Freedom II. Background: The Origins Of Irfa And Its Framework For U.S. Involvement Abroad III. Analysis A. The American System: A Closer Look At IRFA B. The Annual Report 1. 1999 Annual Report 2. 2000 Annual Report 3. 2001 Annual Report 4. 2002 Annual Report 5. 2003 Annual Report 6. 2004 Annual Report 7. A Cumulative Assessment Of The Reports IV. The Main Criticisms Levied Against IRFA V. Solutions

Comments

China s New Regulations on Religion: A Small Step, Not a Great Leap, Forward

I. Introduction II. A Brief Overview Of Law, Policy, And Religious Administration In China A. The Communist Party B. State Structures 1. Constitution 2. State Council, Religious Affairs Bureau, And Public Security Bureau 3. Legislature And Judiciary C. Religions And Religious Associations D. A Brief History Of Religious Administration And Prior Religious Regulations III. Analysis Of The New Religious Affairs Regulations A. Overview B. Improvements In The New Regulations 1. Interaction Between...

Are State Marriage Amendments Bills of Attainder?: A Case Study of Utah s Amendment Three

I. Introduction II. The Attainder Clause: Development And Current Doctrine A. The Historical Approach To Attainder Analysis B. The Development Of The Functional Approach 1. The Cummings And Garland Beginnings 2. The Contribution Of Dent And Hawker C. Current Attainder Clause Doctrine III. Amendment Three, A Bill Of Attainder? A. The Amendment B. Doctrinal Analysis Of The Amendment 1. Amendment Three Lacks The Specificity Required To Be A Bill Of Attainder 2. Amendment Three Does Not Result In...