Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2009, No. 3, 2009

A Teacher's Right to Remain Silent: Reasonable Accommodation of Negative Speech Rights in the Classroom
I. INTRODUCTIONNearly every significant case analyzing public school teacher speech rights in the classroom involves affirmative expression.1 This should come as no surprise, given that the learning process in the classroom is built on active speech,...
Introduction to Symposium: International Protection of Religious Freedom: National Implementation
The articles in this symposium issue are drawn from the papers presented at the Fifteenth Annual Law and Religion Symposium of the International Center for Law and Religion Studies at Brigham Young University. The theme of the Symposium was "International...
Laity and Laicism: Are These Catholic Categories of Any Use in Analyzing Chilean Church-State Relations?
I. INTRODUCTIONIs Chile a secular state? An examination of the emergence of secularism in Chile leads to the conclusion that Chile is a country of paradoxes - paradoxes that are the result of a paradigm of churchstate relations in flux.1 For example,...
Religion and Rule of Law in China Today
I. INTRODUCTIONIn the politics of modern society there are two standards which have universal consensus in the world: one is "democracy," the other "rule of law." These two standards are also reflected typically in legislation on religion. Of course...
Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done by Halves?
I. INTRODUCTIONAbout two years have passed since the European Court of Human Rights (ECtHR) decided Svato-Mykhaylivska Parafiya v. Ukraine,1 a case in which the Court held that Ukraine violated2 Article 9 of the Convention for the Protection of Human...
The Colombian Experience in the Area of Protection of the Freedom of Religion
I. INTRODUCTIONFrom its beginnings as a republic, Colombia is a country that has been extensively and productively engaged in matters of public international law. As a result, Colombia is a member of several international organizations and a high-level...
The Eighty Percent and Twenty Percent Solutions to Nuclear Proliferation
I. INTRODUCTION: NON- PROLIFERATI ON AT THE CROSSROADSNuclear non-proliferation issues abound in the news. Of note, the U.S. Air Force has been reprimanded for lax nuclear security measures,1 Iran is accused of trying to build a bomb,2 and experts predict...
The Implementation of Inter-American Norms on Freedom of Religion in the National Legislation of OAS Member States
INTRODUCTIONOn November 22, 1969, members of the Organization of American States ("OAS") met in San José, Costa Rica, to adopt the American Convention on Human Rights ("Convention").1 After its eleventh ratification, deposited by Grenada on July 18,...
The Long Road to Religious Freedom in Peru
I. INTRODUCTIONWhen the Brigham Young University Law Review published the article Antecedents, Perspectives, and Projections of a Legal Project about Religious Liberty in Peru,1 we did not imagine that parliamentary discussions regarding the approval...
The Protection of Religious Freedom by the National Constitution and by Human Rights Treaties in the Republic of Argentina1
I. RELIGION IN ARGENTINE SOCIETYArgentina is a religious society with long-held faith in God. This religious tradition has been a characteristic of the Argentine people since the beginning. To this day, nearly two hundred years after the start of Argentina's...
The Protection of Religious Rights under Australian Law
I. INTRODUCTIONIn 1998, Australia's Human Rights and Equal Opportunity Commission ("HREOC") issued a report in which it stated that the level of protection afforded to the right to freedom of religion and belief in Australia was relatively weak compared...
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