Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2014, No. 3, 2014

A Broken System: Failures of the Religious Regulatory System in the People's Republic of China *
The system for regulating religion in the People's Republic of China ("PRC" or "China") has faced increasing domestic and international criticism in recent years.1 However, there has been little, if any, improvement in the regulation or protection of...
And Should the First Be Last?
Questions of "Religion and . . ." are prone to generate controversy. Consider, for example, the so-called "science and religion" debate, focusing on whether science and religion are compatible with each other.1 Juxtaposing religion with something else...
Does Europe Need Neutrality? the Old Continent in Search of Identity
INTRODUCTIONOne of the most debated issues that European legal thinkers are tackling is surely the place that "neutrality" has in the field of constitutional theory, state-religion relationships, and human rights.1 This is an extremely hot issue across...
Freedom of Religion under the European Convention on Human Rights: A Precious Asset
I would like to begin by saying that I am very grateful to your prestigious university and its law school, as well as to the International Center for Law and Religion Studies, for this invitation. It is an honor and a pleasure to be here with such an...
Ideologically Oriented Enterprises Faced with the Reconfiguration of Ethics and Spiritual Management
The question of religion in the workplace is as old as the concept of work and . . . religion. For the better, and sometimes for the worse, both concern the salvation of mankind: the meaning of life and eternal salvation in the case of religion, and...
Law and Religion in U.S. Legal Scholarship: An Empirical Examination, 2008-2012
INTRODUCTIONA study of trends in legal scholarship has two benefits. First, it is a window into the soul of law professors, students, and legal practitioners. What legal scholars of all stripes choose to write on, and the positions they take, provide...
Protecting the Environment by Addressing Market Failure in Intellectual Property Law: Why Compulsory Licensing of Green Technologies Might Make Sense in the United States: A Balancing Approach
Environmental degradation is a growing concern for governments throughout the world, but especially in the United States.1 According to most experts, global climate change presents one of the most pressing environmental problems in the world today.2...
Requiring a Nexus to National Security: Immigration, "Terrorist Activities," and Statutory Reform
INTRODUCTIONTerik Ramadan, a renowned Muslim scholar and citizen of Switzerland, has been denied entry into the United States three times in the past decade despite his desire to pursue an academic career in America.1 In January of 2004, Ramadan was...
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
INTRODUCTIONDespite its sixty year history, the European Court of Human Rights has only recently begun to develop a cohesive systematic jurisprudence on freedom of religion and belief. Hitherto, other articles were generally engaged in conjunction with...
The Justification of Human Rights
This article is divided into two sections. The first part summarizes arguments regarding the justification of human rights and the relation of human rights to religion developed more extensively elsewhere.2 The second part provides the intellectual background...
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