Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 1998, No. 2, 1998

Biting the Hand That Feeds Them-State Prisons and the ADA: Responding to Amos V. Maryland Department of Public Saftey & Correctional Services
I. INTRODUCTION President George Bush signed the Americans with Disabilities Act (ADA)1 into law on July 26, 1990. The Act was meant to be an extension of the Rehabilitation Act2 which applied only to government contractors and recipients of federal...
Christianity and Islam: Lessons from Africa
J. Paul Martin* I. INTRODUCTION As we end the twentieth century there is a resurgence of interest in religion and the role it plays in our lives.l Religion and, unfortunately conflicts that are religiously defined have returned to center stage in world...
External Monitoring of Domestic Religious Liberties
Michael Young I. INTRODUCTION I have been asked to address some of the possible external pressures that might be exerted on a country to expand the liberties it affords its inhabitants, especially in the area of religious belief and practice. In this...
Freedom of Religion and Public Worship in Mexico: A Legal Commentary on the 1992 Federal Act on Religious Matters
Jorge A. Vargas* I. INTRODUCTION Mexico is a land of contrasts. Discovered and initially populated by the Spaniards in 1519, when Spain was about to reach its peak as the world's major political, economic, and military power, Mexico had no choice but...
Getting a Grip on National Service: Key Organizational Features and Strategic Characteristics of the National Service Corps (AmeriCorps)
Getting a Grip on National Service: Key Organizational Features and Strategic Characteristics of the National Service Corps (AmeriCorps)* I. INTRODUCTION Of all the initiatives and programs that President Bill Clinton has supported during his Administration,...
Giving a Hoot about an Owl Does Not Satisify the Interest Requirement for Intervention: The Misapplication of Intervention as of Right in Coalition of Arizona/New Mexico Counties for Stable Economic Growth V. Development of the Interior
I. INTRODUCTION Federal Rule of Civil Procedure (FRCP) 24(a)(2) defines the interest requirement that is necessary in order for an applicant to intervene as of right in pending litigation.1 The interpretation of that interest requirement has been the...
In Re Young: A Correct but Unnecessary Constitutional Decision
I. INTRODUCTION In recent years, the tension between bankruptcy trustees and charitable religious organizations has become a continuous source of litigation.1Courts have become battlegrounds where wars are waged over money donated to churches by debtors...
Losing My Religion: Austria's New Religion Law in Light of International and European Standards of Religious Freedom
I. INTRODUCTION On December 10, 1997, Austria passed a new law creating a second class of religions that are not entitled to the full benefits and protections afforded traditional religions.1 Under this law, nontraditional religions are not recognized...
Relations with Religious Minorities: The Spanish Model
Alberto de la He Article 16 of the Spanish Constitution of 1978 obliges the public authorities to take "into account the religious beliefs of Spanish society" and "to maintain appropriate cooperation with the Catholic Church and the other denominations."1...
Religious Freedom in Southern Africa: The Developing Jurisprudence
I. INTRODUCTION During the 1990s, many countries in southern Africa became more democratic.1 Apartheid's2 demise in South Africa has eclipsed media attention, as well as political, economic and legal scholarship, but other countries in the region have...
Religious Human Rights in Global Perspective: Legal Perspectives
(John Witte, Jr. & Johan D. van der Vyver eds., 1996). I. INTRODUCTION Religious Human Rights in Global Perspective: Legal Perspectives (Legal Perspectives),1 a comprehensive volume of essays on the global state of religious liberty, is the companion...
Shifting the Paradigm in Child Pornography Criminalization: United States V Maxwell
I. INTRODUCTION "It is difficult to imagine a more repulsive and cruel act, both to the individual involved and to our Nation, than ensnaring a young person in child pornography. It robs the child of his or her innocence and debases our society."1 Although...
The Contemporary Form of Registering Religious Entities in Spain
Rosa Maria Martinez de Codes* I. PREAMBLE The subject of this work is intended to serve as a basis of reflection on the achievements and problems that registration of religious organizations currently pose in the administrative practice of the Spanish...
The Evolution of Religious Beliefs in a Constitutional Text
Alfredo Quispe Correa* I. INTRODUCTION Imagine yourself in Peru before it was conquered by Spain. Peru is a vast empire, professing a religion that revolves around nature and totemic cults. The ancient Peruvians worship the sun,1 the moon,2 ferocious...
The Potential Liability of Linking on the Internet: An Examination of Possible Legal Solutions
I. INTRODUCTION At the end of 1997, 40 million people were using the Internet;l by 1999 that number is expected to grow to 200 million.2 With this increasing popularity of the Internet, and the World Wide Web in particular, users are encountering old...
The Relationship of Religious Liberty to Civil Liberty and a Democratic State
The principle of religious liberty may well lay claim to being the foundation of all civil liberties and a democratic state. The concept of religious liberty was the inevitable result of a way of thinking about the nature of religion, the nature of the...
Traditional Values, Governmental Values, and Religious Conflict in Contemporary India
Robert D. Baird* I. INTRODUCTION The values of the nation of India, expressed in the Preamble to the Constitution, are a modern set of values in step with the Universal Declaration of Human Rights. WE, THE PEOPLE OF INDIA, having solemnly resolved to...
Understanding Chinese-U.S. Conflict over Freedom of Religion: The Wolf-Spector Freedom from Religious Persecution Acts of 1997 and 1998
China does persecute its' people because of religious beliefs. There are Catholic bishops in jail.... There are Protestant pastors in jail. They are persecuting the people of Tibet. They are persecuting the Moslem population in the northwest portion...
Young V. Bayer Corp.: When Is Notice of Sexual Harassment to an Employee Notice to the Employer?
I. INTRODUCTION Beth Ann Faragher and Nancy Ewanchew were both working as lifeguards for the City of Boca Raton, Florida in the Parks and Recreation Department's Marine Safety Section when they were subjected to sexual harassment by their supervisors.1...